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Capital IconMinnesota Legislature

SF 1675

4th Engrossment - 87th Legislature (2011 - 2012) Posted on 06/14/2012 11:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/01/2012
1st Engrossment Posted on 02/23/2012
2nd Engrossment Posted on 03/12/2012
3rd Engrossment Posted on 03/23/2012
4th Engrossment Posted on 04/20/2012
Unofficial Engrossments
1st Unofficial Engrossment Posted on 04/02/2012

Current Version - 4th Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32 2.33
2.34 2.35 2.36 2.37
2.38 2.39 2.40 2.41
2.42 2.43 2.44 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31
3.32 3.33 3.34 4.1 4.2 4.3 4.4
4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33
6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25
7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14
8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3
12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23
15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27
16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 17.36 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23
18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 19.36 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10
22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28
22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9
23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24
23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18
24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17
26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24
28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14
32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29
32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4
33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22
35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9
36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17
37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9
38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 39.36 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17
40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16
41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8
42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18
42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29
42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23
43.24 43.25 43.26 43.27
43.28 43.29 43.30 43.31 43.32 43.33
44.1 44.2
44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15
44.16 44.17
44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 47.36 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12
50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6
51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33
53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17
55.18 55.19
55.20 55.21
55.22 55.23
55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30
57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8
58.9 58.10
58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24
61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19
62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14
66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24
67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 68.36 68.37 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29
69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2 71.3 71.4 71.5 71.6
71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3
72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33
72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31
73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8
75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31
75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 76.36 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22
77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16
78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 79.36 80.1 80.2 80.3 80.4
80.5 80.6
80.7 80.8
80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 81.36 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 83.36 84.1 84.2 84.3 84.4 84.5 84.6 84.7
84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 85.36 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27
86.28 86.29 86.30 86.31
86.32 86.33 87.1 87.2
87.3 87.4 87.5 87.6 87.7 87.8
87.9 87.10 87.11 87.12 87.13
87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3 88.4
88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17
88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13
89.14 89.15 89.16 89.17 89.18
89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 90.35 90.36 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23
92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21
93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31
94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26
95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19
97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13
98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 99.36 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 100.36 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16
101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 102.36 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 103.36 104.1 104.2 104.3 104.4 104.5
104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11
105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 105.35 106.1 106.2 106.3 106.4
106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24
106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33
107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17
107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35 108.36 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 109.36 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18
110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 111.36 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30
112.31 112.32 112.33 112.34 112.35 113.1 113.2 113.3 113.4 113.5 113.6
113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19
113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29
113.30 113.31 113.32 114.1 114.2 114.3 114.4
114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15
114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 116.36 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8
117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25
117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 118.1 118.2 118.3
118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35
120.1 120.2
120.3 120.4
120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 121.36 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14
122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25
122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21
123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19
124.20 124.21 124.22 124.23 124.24
124.25 124.26 124.27
124.28 124.29
125.1 125.2
125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15
125.16 125.17 125.18 125.19
125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28
125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 126.36 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 128.1 128.2 128.3
128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27
128.28 128.29 128.30 128.31 128.32 128.33 128.34
129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 132.36 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14
134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 135.36 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 137.36 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 139.36 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9
140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20
142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14
143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 145.36 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8
146.9 146.10 146.11 146.12 146.13 146.14
146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34
146.35 147.1 147.2 147.3 147.4
147.5 147.6
147.7 147.8
147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26
147.27 147.28 147.29 147.30 147.31 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 148.36 148.37 148.38 148.39
148.40 148.41 148.42 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12
149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21
149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 150.36 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20
153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32
153.33 153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
154.30 154.31 154.32 154.33 154.34 154.35 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34
155.35 156.1 156.2 156.3 156.4
156.5 156.6
156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18
156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28
156.29 156.30 156.31 156.32 156.33 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14
157.15
157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 158.1 158.2 158.3 158.4 158.5
158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13
158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9
159.10 159.11
159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 160.36 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14
161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 162.36 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 163.36 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 164.36 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 166.36 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 168.36 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8
169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16
171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23
172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35
173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20
173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31
173.32 173.33 173.34 174.1 174.2 174.3 174.4 174.5
174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26
174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27
175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 176.1 176.2 176.3 176.4
176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29
177.30 177.31 177.32 177.33 177.34 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28
178.29 178.30 178.31 178.32 178.33 178.34 178.35 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23
179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 179.35 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35 180.36 181.1 181.2 181.3 181.4 181.5 181.6 181.7
181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16
182.17
182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35 183.36 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10
184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25
185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 185.35 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29
186.30 186.31 186.32 186.33 186.34 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 188.36 189.1 189.2 189.3 189.4 189.5 189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 189.35 190.1 190.2
190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18
190.19
190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9
191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33
191.34 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12
192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21
192.22 192.23 192.24 192.25 192.26 192.27 192.28
192.29 192.30 192.31 192.32 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32
193.33 193.34 193.35 194.1 194.2 194.3 194.4 194.5 194.6
194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 194.34 194.35 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10
195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32
195.33 195.34 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24
196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 196.35 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15
197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33
198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30
198.31 198.32 198.33 198.34 198.35
199.1
199.2 199.3 199.4 199.5 199.6 199.7
199.8 199.9 199.10 199.11 199.12 199.13 199.14
199.15 199.16
199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 200.35 200.36 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19
201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29
202.30 202.31 202.32 202.33 202.34 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 203.36 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19
204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32
205.33 205.34 205.35 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13
206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24
206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32
207.1 207.2
207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33
207.34 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 208.35 208.36 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22
209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15
211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 211.35 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13
212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34 212.35 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 213.35 213.36 214.1 214.2 214.3 214.4
214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23
214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 214.34 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 215.36 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18
216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 216.35 217.1 217.2
217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15
217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 217.34 218.1 218.2 218.3 218.4 218.5 218.6
218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34 218.35 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 219.35 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 220.35 220.36 221.1 221.2 221.3
221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34 221.35
222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10
223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29
223.30 223.31 223.32 223.33 223.34 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 224.34 224.35 225.1 225.2
225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16
225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 225.34 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8
226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24
227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 227.33 227.34 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20
228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28
228.29 228.30 228.31 228.32 228.33 228.34 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26
229.27 229.28 229.29 229.30 229.31 229.32 229.33 229.34 230.1 230.2
230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33
231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 231.34 231.35 231.36 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14
232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33 232.34 232.35 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27
233.28 233.29 233.30 233.31 233.32 233.33 233.34 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26
234.27 234.28 234.29 234.30 234.31 234.32 234.33 234.34 234.35 235.1 235.2 235.3
235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14
235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26
235.27 235.28 235.29 235.30 235.31 235.32 235.33 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30
236.31 236.32 236.33 236.34 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 237.33
237.34 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31
238.32 238.33 238.34 238.35 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 239.34 239.35
240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18
240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 240.34 240.35 241.1 241.2 241.3 241.4 241.5 241.6
241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28
241.29 241.30 241.31 241.32 241.33 241.34 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33 242.34 242.35 242.36 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14
243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 243.34 243.35 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17
244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 244.34 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19
245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 245.34 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 246.34 246.35 246.36 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29
247.30 247.31 247.32 247.33 247.34 247.35 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11
248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 248.34 248.35 249.1 249.2 249.3 249.4 249.5 249.6
249.7 249.8
249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20
249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26
250.27 250.28 250.29 250.30 250.31 250.32 250.33 250.34 250.35 251.1 251.2 251.3
251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17
251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14
252.15 252.16 252.17 252.18 252.19 252.20
252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28
252.29 252.30 252.31 252.32 252.33 253.1 253.2
253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 253.34 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 254.34 254.35 255.1 255.2 255.3 255.4 255.5
255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13
255.14 255.15
255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28
255.29 255.30 255.31 255.32 255.33 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22
256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 256.33 256.34 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23
257.24
257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 257.34 257.35 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17
258.18
258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 259.34 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31
260.32
260.33 260.34 260.35 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 261.34 261.35 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32
262.33 262.34 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 263.35 263.36 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12
264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 264.34 264.35 265.1 265.2
265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 265.35 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 266.35 266.36 267.1 267.2 267.3 267.4 267.5 267.6 267.7
267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 267.34 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 268.35 268.36 269.1 269.2 269.3 269.4 269.5 269.6
269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 269.33 269.34 269.35 270.1 270.2 270.3
270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28
270.29 270.30 270.31 270.32 270.33 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14
271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 271.33 271.34 272.1 272.2 272.3 272.4
272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 272.33 272.34 273.1 273.2
273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33 273.34 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24
274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 274.34 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16
275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 275.34 275.35 276.1 276.2 276.3
276.4
276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17
276.18 276.19
276.20 276.21
276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16
277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25
277.26 277.27
277.28 277.29 277.30 277.31 277.32 277.33 277.34 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 278.33 278.34 278.35 278.36 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 279.34 279.35 279.36 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33 280.34 280.35 280.36 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 281.34 281.35 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11
282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33 282.34
283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 283.34 283.35 283.36 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 284.35 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 285.35 285.36 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34 286.35 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15
287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23
287.24 287.25
287.26 287.27 287.28 287.29 287.30 287.31 287.32
287.33 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34 288.35 288.36 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22
289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 289.35 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 290.35 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24
291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 292.34 292.35 293.1 293.2 293.3 293.4 293.5
293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14
293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 293.33 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11
294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 294.35 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 295.34 295.35 295.36 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21
296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32 296.33 296.34 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 297.34 297.35 297.36 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26
298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34 299.1 299.2 299.3 299.4 299.5 299.6 299.7
299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30
299.31 299.32 299.33 299.34
300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18
300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30
300.31 300.32 300.33 300.34 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 301.34 301.35 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22
302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 302.34 302.35 303.1 303.2 303.3 303.4 303.5 303.6
303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26
303.27 303.28 303.29 303.30 303.31 303.32 303.33 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 304.34 304.35 304.36 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 305.34 305.35 305.36 306.1 306.2 306.3 306.4 306.5 306.6 306.7
306.8 306.9 306.10 306.11 306.12 306.13
306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29
306.30 306.31 306.32 306.33 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13
307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32 307.33 307.34 307.35 308.1 308.2 308.3 308.4 308.5
308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 308.34 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10
309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 309.33 309.34 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10
310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 310.32 310.33 310.34 310.35 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15
311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 311.33 311.34 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14
312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22
312.23 312.24 312.25 312.26
312.27 312.28
312.29 312.30 312.31 312.32 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 313.35 313.36 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11
314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 314.35 315.1 315.2 315.3 315.4 315.5 315.6 315.7
315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23
315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 315.33 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 316.32 316.33 316.34 316.35 316.36 317.1 317.2 317.3 317.4
317.5 317.6 317.7
317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 317.34 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32 318.33 318.34 318.35 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31 319.32 319.33
319.34 319.35 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21
320.22 320.23 320.24 320.25 320.26 320.27 320.28 320.29 320.30 320.31 320.32 320.33 320.34 320.35 321.1 321.2 321.3 321.4 321.5 321.6
321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 321.32 321.33 321.34 321.35 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31 322.32 322.33 322.34 322.35 323.1 323.2
323.3 323.4 323.5 323.6 323.7 323.8
323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16
323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32 324.1 324.2 324.3 324.4
324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17
324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32 324.33
325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 325.33 325.34 325.35 325.36 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18
326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 326.34 326.35 327.1 327.2
327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 327.32 327.33 327.34 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11
328.12 328.13 328.14 328.15 328.16 328.17
328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 328.31 328.32 328.33 328.34 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9
329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32 329.33 329.34 329.35 330.1 330.2 330.3 330.4
330.5 330.6 330.7
330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 330.32 330.33 330.34 331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31 331.32 331.33 331.34 331.35 331.36 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 332.33 332.34 332.35 332.36 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 333.33 333.34 333.35 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21
334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 334.33 334.34 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 335.32 335.33 335.34 335.35 335.36 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20
336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 336.33 336.34 336.35 337.1 337.2 337.3 337.4 337.5 337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 337.34 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 338.31 338.32 338.33 338.34 338.35 338.36 339.1 339.2
339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 339.33 339.34 339.35 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14 340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 340.33 340.34 340.35 340.36 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16
341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 341.32 341.33 341.34 341.35 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 342.35 342.36 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29
343.30 343.31 343.32 343.33 344.1 344.2 344.3 344.4 344.5 344.6
344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 344.31 344.32 344.33 344.34 344.35 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33 345.34 345.35 345.36 346.1 346.2 346.3 346.4 346.5 346.6 346.7
346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 346.33 346.34 346.35 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 347.33 347.34 347.35 347.36 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 348.32 348.33 348.34 348.35 348.36
349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12 349.13 349.14 349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 349.32 349.33 349.34 349.35 350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32 350.33 350.34 350.35 351.1 351.2 351.3 351.4 351.5
351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 351.33 351.34 351.35 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 352.33 352.34 352.35 352.36 353.1 353.2
353.3
353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 353.34 354.1 354.2 354.3 354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32 354.33 354.34 354.35 354.36 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22
355.23

A bill for an act
relating to state government; making changes to health and human services
policy provisions; modifying provisions related to children and family
services, child support, child care, continuing care, disability services, the
telephone equipment program, chemical and mental health, health care,
human services licensing, licensing data, and the Office of Inspector General;
providing for child safety and permanency reform including adoptions under
guardianship of the commissioner; reforming comprehensive assessment and
case management services; amending the Human Services Background Study
Act; establishing home and community-based services standards; developing
payment methodologies; modifying municipal license provisions; requiring
data sharing with the Department of Human Services; requiring eligibility
determinations; modifying fees; providing criminal penalties; making technical
changes; requiring reports; amending Minnesota Statutes 2010, sections 13.46,
subdivisions 2, 3, 4; 13.461, subdivision 17; 13.465, by adding a subdivision;
13.82, subdivision 1; 119B.09, subdivision 7; 119B.12, subdivisions 1, 2;
119B.125, subdivisions 1a, 2, 6; 119B.13, subdivision 6; 144A.071, subdivision
5a; 145.902; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245.461,
by adding a subdivision; 245.462, subdivision 20; 245.487, by adding a
subdivision; 245.4871, subdivision 15; 245.4932, subdivision 1; 245A.03,
subdivision 2, by adding a subdivision; 245A.04, subdivisions 1, 7, 11, by
adding a subdivision; 245A.041, by adding subdivisions; 245A.05; 245A.07,
subdivision 3; 245A.085; 245A.11, subdivisions 2a, 8; 245A.14, subdivision 11,
by adding a subdivision; 245A.146, subdivisions 2, 3; 245A.18, subdivision 1;
245A.22, subdivision 2; 245A.66, subdivisions 2, 3; 245B.02, subdivision 10,
by adding a subdivision; 245B.04, subdivisions 1, 2, 3; 245B.05, subdivision 1;
245B.07, subdivisions 5, 9, 10, by adding a subdivision; 245C.03, subdivision 1;
245C.04, subdivision 1; 245C.05, subdivisions 2, 4, 7, by adding a subdivision;
245C.07; 245C.16, subdivision 1; 245C.17, subdivision 2; 245C.22, subdivision
5; 246.53, by adding a subdivision; 252.32, subdivision 1a; 252A.21, subdivision
2; 256.476, subdivision 11; 256.9657, subdivision 1; 256.998, subdivisions 1,
5; 256B.04, subdivision 14; 256B.056, subdivision 3c; 256B.0595, subdivision
2; 256B.0625, subdivisions 13, 13d, 19c, 42; 256B.0659, subdivisions 1, 2, 3,
3a, 4, 9, 13, 14, 19, 20, 21, 24, 30; 256B.0911, subdivisions 1, 2b, 2c, 3, 3b,
4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6;
256B.0916, subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7,
8, 8a, 9, 11; 256B.096, subdivision 5; 256B.15, subdivisions 1c, 1f; 256B.19,
subdivision 1c; 256B.441, subdivisions 13, 31, 53; 256B.49, subdivisions 13,
21; 256B.4912; 256B.69, subdivision 5; 256F.13, subdivision 1; 256G.02,
subdivision 6; 256J.08, subdivision 11; 256J.24, subdivisions 2, 5; 256J.32,
subdivision 6; 256J.621; 256J.68, subdivision 7; 256J.95, subdivision 3;
256L.05, subdivision 3; 257.01; 257.75, subdivision 7; 259.22, subdivision 2;
259.23, subdivision 1; 259.24, subdivisions 1, 3, 5, 6a, 7; 259.29, subdivision
2; 259.69; 259.73; 260.012; 260C.001; 260C.007, subdivision 4, by adding
subdivisions; 260C.101, subdivision 2; 260C.157, subdivision 1; 260C.163,
subdivisions 1, 4; 260C.178, subdivisions 1, 7; 260C.193, subdivisions 3,
6; 260C.201, subdivisions 2, 10, 11a; 260C.212, subdivisions 1, 2, 5, 7;
260C.215, subdivisions 4, 6; 260C.217; 260C.301, subdivisions 1, 8; 260C.317,
subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 260C.451; 260D.08;
471.709; 514.982, subdivision 1; 518A.40, subdivision 4; 518C.205; 541.04;
548.09, subdivision 1; 609.3785; 626.556, subdivisions 2, 10, 10e, 10f, 10i,
10k, 11; Minnesota Statutes 2011 Supplement, sections 119B.13, subdivision 1;
125A.21, subdivision 7; 144A.071, subdivisions 3, 4a; 245A.03, subdivision 7;
254B.04, subdivision 2a; 256.01, subdivision 14b; 256B.04, subdivision 21;
256B.056, subdivision 3; 256B.057, subdivision 9; 256B.0625, subdivisions
13e, 13h, 14, 56; 256B.0631, subdivisions 1, 2; 256B.0659, subdivision 11;
256B.0911, subdivisions 1a, 3a, 4a; 256B.0915, subdivision 10; 256B.49,
subdivisions 14, 15; 256B.69, subdivision 28; 256L.15, subdivision 1; 626.557,
subdivisions 9, 9a; 626.5572, subdivision 13; Laws 2008, chapter 338, section
3, subdivisions 1, 8; Laws 2009, chapter 79, article 8, section 81, as amended;
proposing coding for new law in Minnesota Statutes, chapters 245A; 252; 256B;
260C; 611; proposing coding for new law as Minnesota Statutes, chapters 245D;
259A; repealing Minnesota Statutes 2010, sections 256.01, subdivision 18b;
256.022; 256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, 2o, 3c, 11, 14, 17b, 17f, 19,
20, 25, 27, 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, 4g, 4h, 7, 8; 256B.435;
256B.436; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, subdivision 2;
260C.456; Minnesota Statutes 2011 Supplement, section 256B.431, subdivision
26; Minnesota Rules, parts 9555.7700; 9560.0071; 9560.0082; 9560.0083;
9560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CHILDREN AND FAMILIES POLICY PROVISIONS

Section 1.

Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read:


Subd. 17.

Maltreatment review panels.

Data of the vulnerable adult maltreatment
review panel deleted text beginor the child maltreatment review paneldeleted text end are classified under section 256.021
deleted text begin or 256.022deleted text end.

Sec. 2.

Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Adoptive parent. new text end

new text begin Certain data that may be disclosed to a prospective
adoptive parent is governed by section 260C.613, subdivision 2.
new text end

Sec. 3.

Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is
owed compensation by an employer; or (2) the first day that an employee reports to work
or performs labor or services for an employer.

(c) "Earnings" means payment owed by an employer for labor or services rendered
by an employee.

(d) "Employee" means a person who resides or works in Minnesota, performs
services for compensation, in whatever form, for an employer and satisfies the criteria of
an employee under chapter 24 of the Internal Revenue Code. Employee does not include:

(1) persons hired for domestic service in the private home of the employer, as
defined in the Federal Tax Code; or

(2) an employee of the federal or state agency performing intelligence or
counterintelligence functions, if the head of such agency has determined that reporting
according to this law would endanger the safety of the employee or compromise an
ongoing investigation or intelligence mission.

(e) "Employer" means a person or entity located or doing business in this state that
employs one or more employees for payment, and satisfies the criteria of an employer
under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as
defined in paragraph (g). Employer also includes the state, political or other governmental
subdivisions of the state, and the federal government.

(f) "Hiring" means engaging a person to perform services for compensation and
includes the reemploying or return to work of any previous employee who was laid off,
furloughed, separated, granted a leave without pay, or terminated from employment when
a period of deleted text begin90deleted text endnew text begin 60new text end days elapses from the date of layoff, furlough, separation, leave, or
termination to the date of the person's return to work.

(g) "Labor organization" means entities located or doing business in this state that
meet the criteria of labor organization under section 2(5) of the National Labor Relations
Act. This includes any entity, that may also be known as a hiring hall, used to carry out
requirements described in chapter 7 of the National Labor Relations Act.

(h) "Payor" means a person or entity located or doing business in Minnesota who
pays money to an independent contractor according to an agreement for the performance
of services.

Sec. 4.

Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read:


Subd. 5.

Report contents.

Reports required under this section must containdeleted text begin:deleted text endnew text begin all
the information required by federal law.
new text end

deleted text begin (1) the employee's name, address, Social Security number, and date of birth when
available, which can be handwritten or otherwise added to the W-4 form, W-9 form, or
other document submitted; and
deleted text end

deleted text begin (2) the employer's name, address, and federal identification number.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read:


Subd. 5.

MFIP transitional standard.

The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. deleted text beginThe following table
represents the transitional standards including a breakdown of the cash and food portions
effective October 1, 2009.
deleted text end

deleted text begin Number of Eligible People
deleted text end
deleted text begin Transitional Standard
deleted text end
deleted text begin Cash Portion
deleted text end
deleted text begin Food Portion
deleted text end
deleted text begin 1
deleted text end
deleted text begin $428:
deleted text end
deleted text begin $250
deleted text end
deleted text begin $178
deleted text end
deleted text begin 2
deleted text end
deleted text begin $764:
deleted text end
deleted text begin $437
deleted text end
deleted text begin $327
deleted text end
deleted text begin 3
deleted text end
deleted text begin $1,005:
deleted text end
deleted text begin $532
deleted text end
deleted text begin $473
deleted text end
deleted text begin 4
deleted text end
deleted text begin $1,222:
deleted text end
deleted text begin $621
deleted text end
deleted text begin$601
deleted text end
deleted text begin 5
deleted text end
deleted text begin $1,399:
deleted text end
deleted text begin $697
deleted text end
deleted text begin$702
deleted text end
deleted text begin 6
deleted text end
deleted text begin $1,608:
deleted text end
deleted text begin $773
deleted text end
deleted text begin$835
deleted text end
deleted text begin 7
deleted text end
deleted text begin $1,754:
deleted text end
deleted text begin $850
deleted text end
deleted text begin$904
deleted text end
deleted text begin 8
deleted text end
deleted text begin $1,940:
deleted text end
deleted text begin $916
deleted text end
deleted text begin$1,024
deleted text end
deleted text begin 9
deleted text end
deleted text begin $2,125:
deleted text end
deleted text begin $980
deleted text end
deleted text begin$1,145
deleted text end
deleted text begin 10
deleted text end
deleted text begin $2,304:
deleted text end
deleted text begin $1,035
deleted text end
deleted text begin$1,269
deleted text end
deleted text begin over 10
deleted text end
deleted text begin add $178:
deleted text end
deleted text begin $53
deleted text end
deleted text begin $125
deleted text end
deleted text begin per additional member.
deleted text end

new text begin The amount of the transitional standard is published annually by the Department of
Human Services.
new text end

Sec. 6.

Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:


Subd. 2.

Persons who may be adopted.

No petition for adoption shall be filed
unless the person sought to be adopted has been placed by deleted text beginthe commissioner of human
services, the commissioner's agent, or
deleted text end a licensed child-placing agency. The provisions of
this subdivision shall not apply if:

(1) the person to be adopted is over 14 years of age;

(2) the child is sought to be adopted by an individual who is related to the child, as
defined by section 245A.02, subdivision 13;

(3) the child has been lawfully placed under the laws of another state while the child
and petitioner resided in that other state;

(4) the court waives the requirement of this subdivision in the best interests of the
child or petitioners, provided that the adoption does not involve a placement as defined in
section 259.21, subdivision 8; or

(5) the child has been lawfully placed under section 259.47.

Sec. 7.

Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:


Subdivision 1.

Venue.

(a) deleted text beginExcept as provided in section 260C.101, subdivision 2,deleted text end
The juvenile court shall have original jurisdiction in all adoption proceedings. The proper
venue for an adoption proceeding shall be the county of the petitioner's residence, except
as provided in deleted text beginparagraph (b)deleted text endnew text begin section 260C.621, subdivision 2, for the adoption of children
under the guardianship of the commissioner
new text end.

deleted text begin (b) Venue for the adoption of a child committed to the guardianship of the
commissioner of human services shall be the county with jurisdiction in the matter
according to section 260C.317, subdivision 3.
deleted text end

deleted text begin (c) Upon request of the petitioner, the court having jurisdiction over the matter under
section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving
a child under the guardianship of the commissioner to the county of the petitioner's
residence upon determining that:
deleted text end

deleted text begin (1) the commissioner has given consent to the petitioner's adoption of the child
or that consent is unreasonably withheld;
deleted text end

deleted text begin (2) there is no other adoption petition for the child that has been filed or is reasonably
anticipated by the commissioner or the commissioner's delegate to be filed; and
deleted text end

deleted text begin (3) transfer of venue is in the best interests of the child.
deleted text end

Transfer of venue under this paragraph shall be according to the rules of adoption court
procedure.

deleted text begin (d)deleted text endnew text begin (b)new text end In all deleted text beginotherdeleted text end adoptionsnew text begin under this chapternew text end, if the petitioner has acquired a new
residence in another county and requests a transfer of the adoption proceeding, the court in
which an adoption is initiated may transfer the proceeding to the appropriate court in the
new county of residence if the transfer is in the best interests of the person to be adopted.
The court transfers the proceeding by ordering a continuance and by forwarding to the
court administrator of the appropriate court a certified copy of all papers filed, together
with an order of transfer. The transferring court also shall forward copies of the order
of transfer to the commissioner of human services and any agency participating in the
proceedings. The judge of the receiving court shall accept the order of the transfer and any
other documents transmitted and hear the case; provided, however, the receiving court
may in its discretion require the filing of a new petition prior to the hearing.

Sec. 8.

Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:


Subdivision 1.

Exceptions.

new text begin(a) new text endNo child shall be adopted without the consent of the
child's parents and the child's guardian, if there be one, except deleted text beginin the following instancesdeleted text endnew text begin
consent is not required of a parent
new text end:

deleted text begin (a) Consent shall not be required of a parentdeleted text end new text begin(1) who is new text endnot entitled to notice of the
proceedingsdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (b) Consent shall not be required of a parentdeleted text end new text begin(2) new text endwho has abandoned the childdeleted text begin, or
of a parent who has lost custody of the child through a divorce decree or a decree of
dissolution,
deleted text end and upon whom notice has been served as required by section 259.49deleted text begin.deleted text endnew text begin; or
new text end

deleted text begin (c) Consent shall not be required of a parentdeleted text endnew text begin (3)new text end whose parental rights to the child
have been terminated by a juvenile court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior adoption proceeding.

deleted text begin (d) If there be no parent or guardian qualified to consent to the adoption, the
consent shall be given by the commissioner. After the court accepts a parent's consent
to the adoption under section 260C.201, subdivision 11, consent by the commissioner
or commissioner's delegate is also necessary. Agreement to the identified prospective
adoptive parent by the responsible social services agency under section 260C.201,
subdivision 11
, does not constitute the required consent.
deleted text end

deleted text begin (e)deleted text endnew text begin (b) If there is no parent or guardian qualified to consent to the adoption,new text end the
deleted text begin commissioner ordeleted text end agency having authority to place a child for adoption pursuant to section
259.25, subdivision 1, shall have the exclusive right to consent to the adoption of deleted text beginsuchdeleted text endnew text begin thenew text end
child. The deleted text begincommissioner ordeleted text end agency shall make every effort to place siblings together for
adoption. deleted text beginNotwithstanding any rule to the contrary, the commissioner may delegate the
right to consent to the adoption or separation of siblings, if it is in the child's best interest,
to a local social services agency.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:


Subd. 3.

Child.

When the child to be adopted is over 14 years of age, the child's
written consent to adoption by a particular person is also necessary. deleted text beginA child of any age
who is under the guardianship of the commissioner and is legally available for adoption
may not refuse or waive the commissioner's agent's exhaustive efforts to recruit, identify,
and place the child in an adoptive home required under section 260C.317, subdivision
3, paragraph (b), or sign a document relieving county social services agencies of all
recruitment efforts on the child's behalf.
deleted text end

Sec. 10.

Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:


Subd. 5.

Execution.

All consents to an adoption shall be in writing, executed
before two competent witnesses, and acknowledged by the consenting party. deleted text beginIn addition,
all consents to an adoption, except those by the commissioner, the commissioner's agent,
a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for
adoption by a stepparent, shall be executed before a representative of the commissioner,
the commissioner's agent, or a licensed child-placing agency.
deleted text end All consents by a parentnew text begin
to adoption under this chapter
new text end:

(1) shall contain notice to the parent of the substance of subdivision 6a, providing
for the right to withdraw consent unless the parent will not have the right to withdraw
consent deleted text beginbecause consent was executed under section 260C.201, subdivision 11, following
proper notice that consent given under that provision is irrevocable upon acceptance by
the court as provided in subdivision 6a
deleted text end; and

(2) shall contain the following written notice in all capital letters at least one-eighth
inch high:

"deleted text beginThisdeleted text endnew text begin Thenew text end agencynew text begin responsible for supervising the adoptive placement of the childnew text end
will submit your consent to adoption to the court. new text beginIf you are consenting to adoption by
the child's stepparent, the consent will be submitted to the court by the petitioner in your
child's adoption.
new text end The consent itself does not terminate your parental rights. Parental rights
to a child may be terminated only by an adoption decree or by a court order terminating
parental rights. Unless the child is adopted or your parental rights are terminated, you
may be asked to support the child."

Consents shall be filed in the adoption proceedings at any time before the matter
is heard provided, however, that a consent executed and acknowledged outside of this
state, either in accordance with the law of this state or in accordance with the law of the
place where executed, is valid.

Sec. 11.

Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:


Subd. 6a.

Withdrawal of consent.

deleted text beginExcept for consents executed under section
260C.201, subdivision 11,
deleted text end A parent's consent to adoption new text beginunder this chapter new text endmay be
withdrawn for any reason within ten working days after the consent is executed and
acknowledged. new text beginNo later than the tenth working day after the consent is executed and
acknowledged,
new text endwritten notification of withdrawal of consent must be received bynew text begin: (1)new text end
the agency to which the child was surrendered deleted text beginno later than the tenth working day after
the consent is executed and acknowledged
deleted text endnew text begin; (2) the agency supervising the adoptive
placement of the child; or (3) in the case of adoption by the step parent or any adoption
not involving agency placement or supervision, by the district court where the adopting
stepparent or parent resides
new text end. On the day following the tenth working day after execution
and acknowledgment, the consent shall become irrevocable, except upon order of a court
of competent jurisdiction after written findings that consent was obtained by fraud. deleted text beginA
consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon
proper notice to both parents of the effect of a consent to adopt and acceptance by the
court, except upon order of the same court after written findings that the consent was
obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents
and the child shall be made parties.
deleted text end The proceedings shall be conducted to preserve the
confidentiality of the adoption process. There shall be no presumption in the proceedings
favoring the birth parents over the adoptive parents.

Sec. 12.

Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:


Subd. 7.

Withholding consent; reason.

Consent to an adoption shall not be
unreasonably withheld by a guardian, who is not a parent of the child, deleted text beginby the commissionerdeleted text end
or by an agency.

Sec. 13.

Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read:


Subd. 2.

Placement with relative or friend.

The authorized child-placing agency
shall consider placement, consistent with the child's best interests and in the following
order, with (1) a relative or relatives of the child, or (2) an important friend with whom the
child has resided or had significant contact. In implementing this section, an authorized
child-placing agency may disclose private or confidential data, as defined in section 13.02,
to relatives of the child for the purpose of locating a suitable adoptive home. The agency
shall disclose only data that is necessary to facilitate implementing the preference.

If the child's birth parent or parents explicitly request that placement with deleted text beginrelativesdeleted text endnew text begin a
specific relative
new text end or important deleted text beginfriendsdeleted text endnew text begin friendnew text end not be considered, the authorized child-placing
agency shall honor that requestnew text begin if it isnew text end consistent with the best interests of the childnew text begin and
consistent with the requirements of sections 260C.212, subdivision 2, and 260C.221
new text end.

If the child's birth parent or parents express a preference for placing the child in an
adoptive home of the same or a similar religious background to that of the birth parent
or parents, the agency shall place the child with a family that meets the birth parent's
religious preference.

This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.

Sec. 14.

Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:


Subd. 3.

Best interest of the child in foster care deleted text beginor residential caredeleted text end.

(a) The
policy of the state is to ensure that the best interests of children in foster deleted text beginor residentialdeleted text end care
are met by requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected placement will serve the
needs of the child in foster care placements.

(b) The court shall review whether the responsible social services agency made
efforts as required under section deleted text begin260C.212, subdivision 5deleted text endnew text begin 260C.221new text end, and made an
individualized determination as required under section 260C.212, subdivision 2. If
the court finds the agency has not made efforts as required under section deleted text begin260C.212,
subdivision 5
deleted text end
new text begin 260C.221new text end, and there is a relative who qualifies to be licensed to provide
family foster care under chapter 245A, the court may order the child placed with the
relative consistent with the child's best interests.

(c) If the child's birth parent or parents explicitly request that a relative or important
friend not be considered, the court shall honor that request if it is consistent with the
best interests of the childnew text begin and consistent with the requirements of section 260C.221new text end. If
the child's birth parent or parents express a preference for placing the child in a foster or
adoptive home of the same or a similar religious background to that of the birth parent
or parents, the court shall order placement of the child with an individual who meets the
birth parent's religious preference.

(d) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(e) Whenever possible, siblings new text beginrequiring foster care placement new text endshould be placed
together unless it is determined not to be in the best interests of a siblingnew text begin after weighing
the benefits of separate placement against the benefits of sibling connections for each
sibling
new text end. If siblings are not placed together according to section 260C.212, subdivision 2,
paragraph (d), the responsible social services agency shall report to the court the efforts
made to place the siblings together and why the efforts were not successful. If the court is
not satisfied with the agency's efforts to place siblings together, the court may order the
agency to make further efforts. If siblings are not placed together the court shall review
the responsible social services agency's plan for visitation among siblings required as part
of the out-of-home placement plan under section 260C.212.

(f) This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.

Sec. 15.

Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to
read:


Subd. 11a.

Permanency new text beginprogress new text endreview for children deleted text beginunder eightdeleted text endnew text begin in foster care
for six months
new text end.

(a) deleted text beginIf the child was under eight years of age at the time the petition
was filed alleging the child was in need of protection or services, and the
deleted text endnew text begin When anew text end child
continues in placement out of the home of the parent or guardian from whom the child
was removed, no later than six months after the child's placement the court shall conduct a
permanency new text beginprogress new text endhearing to reviewnew text begin:
new text end

new text begin (1)new text end the progress of the case, the parent's progress on the new text begincase plan or new text endout-of-home
placement plan, deleted text beginanddeleted text endnew text begin whichever is applicable;
new text end

new text begin (2)new text end the new text beginagency's reasonable, or in the case of an Indian child, active efforts for
reunification and its
new text endprovision of servicesdeleted text begin.deleted text endnew text begin;
new text end

new text begin (3) the agency's reasonable efforts to finalize the permanent plan for the child
under section 260.012, paragraph (e), and to make a placement as required under section
260C.212, subdivision 2, in a home that will commit to being the legally permanent
family for the child in the event the child cannot return home according to the timelines
in this section; and
new text end

new text begin (4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United
States Code, title 25, chapter 21, section 1915.
new text end

deleted text begin (b) Based on its assessment of the parent's or guardian's progress on the out-of-home
placement plan, the responsible social services agency must ask the county attorney to file
a petition for termination of parental rights, a petition for transfer of permanent legal and
physical custody to a relative, or the report required under juvenile court rules.
deleted text end

new text begin (b) The court shall ensure that notice of the hearing is sent to any relative who:
new text end

new text begin (1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or
new text end

new text begin (2) asked to be notified of court proceedings regarding the child as is permitted in
section 260C.152, subdivision 5.
new text end

(c)(1) If the parent or guardian has maintained contact with the child and is
complying with the court-ordered out-of-home placement plan, and if the child would
benefit from reunification with the parent, the court may either:

(i) return the child home, if the conditions which led to the out-of-home placement
have been sufficiently mitigated that it is safe and in the child's best interests to return
home; or

(ii) continue the matter up to a total of six additional months. If the child has not
returned home by the end of the additional six months, the court must conduct a hearing
according to subdivision 11.

(2) If the court determines that the parent or guardian is not complying with the
out-of-home placement plan or is not maintaining regular contact with the child as outlined
in the visitation plan required as part of the out-of-home placement plan under section
260C.212, the court may order the responsible social services agencynew text begin:
new text end

new text begin (i)new text end to develop a plan for new text beginlegally new text endpermanent placement of the child away from the
parent deleted text beginanddeleted text endnew text begin;
new text end

new text begin (ii) to consider, identify, recruit, and support one or more permanency resources
from the child's relatives and foster parent to be the legally permanent home in the event
the child cannot be returned to the parent. Any relative or the child's foster parent may
ask the court to order the agency to consider them for permanent placement of the child
in the event the child cannot be returned to the parent. A relative or foster parent who
wants to be considered under this item shall cooperate with the background study required
under section 245C.08, if the individual has not already done so, and with the home study
process required under chapter 245A for providing child foster care and for adoption
under section 259.41. The home study referred to in this item shall be a single-home study
in the form required by the commissioner of human services or similar study required
by the individual's state of residence when the subject of the study is not a resident of
Minnesota. The court may order the responsible social services agency to make a referral
under the Interstate Compact on the Placement of Children when necessary to obtain a
home study for an individual who wants to be considered for transfer of permanent legal
and physical custody or adoption of the child; and
new text end

new text begin (iii)new text end to file a petition to support an order for the new text beginlegally new text endpermanent placement plan.

(d) Following the review under deleted text beginparagraphs (b) and (c)deleted text endnew text begin this subdivisionnew text end:

(1) if the court has either returned the child home or continued the matter up to a
total of six additional months, the agency shall continue to provide services to support the
child's return home or to make reasonable efforts to achieve reunification of the child and
the parent as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent
legal and physical custody of the child to a relative, a petition supporting the plan shall be
filed in juvenile court within 30 days of the hearing required under this subdivision and a
trial on the petition held within deleted text begin30deleted text endnew text begin 60new text end days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the
county attorney can show cause why a termination of parental rights petition should not be
filed, a petition for termination of parental rights shall be filed in juvenile court within
30 days of the hearing required under this subdivision and a trial on the petition held
within deleted text begin90deleted text endnew text begin 60new text end days of the filing of the petition.

Sec. 16.

Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to subdivision 8 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared by
the responsible social services agency jointly with the parent or parents or guardian of the
child and in consultation with the child's guardian ad litem, the child's tribe, if the child
is an Indian child, the child's foster parent or representative of the deleted text beginresidentialdeleted text endnew text begin foster carenew text end
facility, and, where appropriate, the child. For a child in voluntary foster care for treatment
under chapter 260D, preparation of the out-of-home placement plan shall additionally
include the child's mental health treatment provider. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the deleted text beginresidential facilitydeleted text endnew text begin foster care home or facility selectednew text end
including how the out-of-home placement plan is designed to achieve a safe placement
for the child in the least restrictive, most family-like, setting available which is in close
proximity to the home of the parent or parents or guardian of the child when the case plan
goal is reunification, and how the placement is consistent with the best interests and
special needs of the child according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in deleted text begina residential facilitydeleted text endnew text begin foster
care
new text end, and when reunification is the plan, a description of the problems or conditions in the
home of the parent or parents which necessitated removal of the child from home and the
changes the parent or parents must make in order for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in foster care, and whether visitation is consistent with the best interest of the
child, during the period the child is in foster care;

(6) documentation of steps to finalize the adoption or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of the
only known, living parent of the child. At a minimum, the documentation must include
child-specific recruitment efforts such as relative search and the use of state, regional, and
national adoption exchanges to facilitate orderly and timely placements in and outside
of the state. A copy of this documentation shall be provided to the court in the review
required under section 260C.317, subdivision 3, paragraph (b);

(7) efforts to ensure the child's educational stability while in foster care, including:

(i) efforts to ensure that the child deleted text beginin placementdeleted text end remains in the same school in which
the child was enrolled prior to placementnew text begin or upon the child's move from one placement
to another
new text end, including efforts to work with the local education authorities to ensure the
child's educational stability; or

(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placementnew text begin or move from one placement to anothernew text end, efforts to
ensure immediate and appropriate enrollment for the child in a new school;

(8) the educational records of the child including the most recent information
available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(9) the efforts by the local agency to ensure the oversight and continuity of health
care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will be updated and shared, including
the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;

(10) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;

(11) an independent living plan for a child age 16 or older deleted text beginwho is in placement as
a result of a permanency disposition
deleted text end. The plan should include, but not be limited to,
the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money managementnew text begin, including the responsibility of the agency to ensure that
the youth annually receives, at no cost to the youth, a consumer report as defined under
section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report
new text end;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the child's family and
community; and

(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 17.

Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read:


Subd. 2.

Placement decisions based on best interest of the child.

(a) The policy
of the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in
a family foster home selected by considering placement with relatives and important
friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

(b) Among the factors the agency shall consider in determining the needs of the
child are the following:

(1) the child's current functioning and behaviors;

(2) the medicaldeleted text begin,deleted text endnew text begin needs of the child;
new text end

new text begin (3) thenew text end educationaldeleted text begin, anddeleted text endnew text begin needs of the child;
new text end

new text begin (4) thenew text end developmental needs of the child;

deleted text begin (3)deleted text endnew text begin (5)new text end the child's history and past experience;

deleted text begin (4)deleted text endnew text begin (6)new text end the child's religious and cultural needs;

deleted text begin (5)deleted text endnew text begin (7)new text end the child's connection with a community, school, and faith community;

deleted text begin (6)deleted text endnew text begin (8)new text end the child's interests and talents;

deleted text begin (7)deleted text endnew text begin (9)new text end the child's relationship to current caretakers, parents, siblings, and relatives;
and

deleted text begin (8)deleted text endnew text begin (10)new text end the reasonable preference of the child, if the court, or the child-placing
agency in the case of a voluntary placement, deems the child to be of sufficient age to
express preferences.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is documented that a joint placement would be contrary to the
safety or well-being of any of the siblings or unless it is not possible after reasonable
efforts by the responsible social services agency. In cases where siblings cannot be placed
together, the agency is required to provide frequent visitation or other ongoing interaction
between siblings unless the agency documents that the interaction would be contrary to
the safety or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, a
completed background study is required under section 245C.08 before the approval of a
foster placement in a related or unrelated home.

Sec. 18.

Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:


Subd. 5.

Relative search.

(a) The responsible social services agency shall exercise
due diligence to identify and notify adult relatives prior to placement or within 30 days
after the child's removal from the parent. The county agency shall consider placement
with a relative under deleted text beginsubdivision 2deleted text endnew text begin section 260C.221new text end without delay. The relative search
required by this section shall be reasonable and comprehensive in scope and may last up
to six months or until a fit and willing relative is identified. The relative search required by
this section shall include both maternal relatives of the child and paternal relatives of the
child, if paternity is adjudicated. The relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement for the
child;

(2) of their responsibility to keep the responsible social services agency new text beginand the court
new text endinformed of their current address in order to receive notice in the event that a permanent
placement is sought for the childnew text begin and to receive notice of the permanency progress review
hearing under section 260C.204
new text end. A relative who fails to provide a current address to the
responsible social services agency new text beginand the court new text endforfeits the right tonew text begin receivenew text end notice of
the possibility of permanent placementnew text begin and of the permanency progress review hearing
under section 260C.204
new text end. A decision by a relative not to be a placement resource at the
beginning of the case shall not affect whether the relative is considered for placement of
the child with that relative later;

(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the noticenew text begin
sent under this subdivision
new text end; and

(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present a
safety or health risk to the child in the home under section 245A.04 and supports that are
available for relatives and children who reside in a family foster home.

(b) A responsible social services agency may disclose private or confidential data,
as defined in section 13.02, to relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is necessary to facilitate possible
placement with relatives. If the child's parent refuses to give the responsible social
services agency information sufficient to identify the maternal and paternal relatives of the
child, the agency shall ask the juvenile court to order the parent to provide the necessary
information. If a parent makes an explicit request that deleted text beginrelatives ordeleted text end a specific relative not
be contacted or considered for placementnew text begin due to safety reasons including past family or
domestic violence
new text end, the agency shall bring the parent's request to the attention of the court
to determine whether the parent's request is consistent with the best interests of the child
and the agency shall not contact deleted text beginrelatives or adeleted text endnew text begin thenew text end specific relative deleted text beginunless authorized to do
so by
deleted text endnew text begin whennew text end the juvenile courtnew text begin finds that contacting the specific relative would endanger
the parent, guardian, child, sibling, or any family member
new text end.

(c) When the placing agency determines that a permanent placement hearing is
necessary because there is a likelihood that the child will not return to a parent's care, the
agency may send the notice provided in paragraph (d), may ask the court to modify the
requirements of the agency under this paragraph, or may ask the court to completely
relieve the agency of the requirements of deleted text beginthisdeleted text end paragraphnew text begin (d)new text end. deleted text beginThe relative notificationdeleted text end
deleted text begin requirements of this paragraph do not apply when the child is placed with an appropriate
deleted text enddeleted text beginrelative or a foster home that has committed to being the permanent legal placement for
deleted text enddeleted text beginthe child and the agency approves of that foster home for permanent placement of the
deleted text enddeleted text beginchild.deleted text end The actions ordered by the court under this section must be consistent with the best
interests, safety, and welfare of the child.

(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (c), when the agency determines that it is necessary to prepare for
the permanent placement determination hearing, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to the relatives, any adult with
whom the child is currently residing, any adult with whom the child has resided for one
year or longer in the past, and any adults who have maintained a relationship or exercised
visitation with the child as identified in the agency case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the notice may
indicate to the agency their interest in providing a permanent home. The notice must state
that within 30 days of receipt of the notice an individual receiving the notice must indicate
to the agency the individual's interest in providing a permanent home for the child or that
the individual may lose the opportunity to be considered for a permanent placement.

(e) The Department of Human Services shall develop a best practices guide and
specialized staff training to assist the responsible social services agency in performing and
complying with the relative search requirements under this subdivision.

Sec. 19.

Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:


Subd. 7.

Administrative or court review of placements.

(a) There shall be an
administrative review of the out-of-home placement plan of each child placed in foster
care no later than 180 days after the initial placement of the child in foster care and at least
every six months thereafter if the child is not returned to the home of the parent or parents
within that time. The out-of-home placement plan must be monitored and updated at each
administrative review. The administrative review shall be conducted by the responsible
social services agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either the child or
the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
The party requesting review of the out-of-home placement plan shall give parties to the
proceeding notice of the request to review and update the out-of-home placement plan.
A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
260C.141, subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the
review so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the in-court review required under section 260C.201,
subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the
independent living plan required under subdivision 1, paragraph (c), clause (11), and the
provision of services to the child related to the well-being of the child as the child prepares
to leave foster care. The review shall include the actual plans related to each item in the
plan necessary to the child's future safety and well-being when the child is no longer
in foster care.

(1) At the court review, the responsible social services agency shall establish that it
has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660,
regarding the right to continued access to services for certain children in foster care past
age 18 and of the right to appeal a denial of social services under section 256.045. If the
agency is unable to establish that the notice, including the right to appeal a denial of social
services, has been given, the court shall require the agency to give it.

(2) Consistent with the requirements of the independent living plan, the court shall
review progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adult.

(3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.

(e) When a child is age 17 or older, during the 90-day period immediately prior to
the date the child is expected to be discharged from foster care, the responsible social
services agency is required to provide the child with assistance and support in developing
a transition plan that is personalized at the direction of the child. The transition plan
must be as detailed as the child may elect and include specific options on housing, health
insurance, education, local opportunities for mentors and continuing support services, and
work force supports and employment services. new text beginThe agency shall ensure that the youth
receives, at no cost to the youth, a copy of the youth's consumer credit report as defined
in section 13C.001 and assistance in interpreting and resolving any inaccuracies in the
report.
new text endThe deleted text begincountydeleted text endnew text begin agencynew text end shall also provide the deleted text beginindividualdeleted text endnew text begin youthnew text end with appropriate contact
information if the deleted text beginindividualdeleted text endnew text begin youthnew text end needs more information or needs help dealing with a
crisis situation through age 21.

Sec. 20.

Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:


Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and
the order terminating parental rights, and a summary of the court's information concerning
the child shall be furnished by the court to the commissioner or the agency to which
guardianship is transferred.

new text begin (b)new text end The orders shall be on a document separate from the findings. The court shall
furnish the deleted text beginindividual to whom guardianship is transferreddeleted text endnew text begin guardiannew text end a copy of the order
terminating parental rights.

deleted text begin (b)deleted text endnew text begin (c) When the court orders guardianship pursuant to this section, new text end the deleted text begincourt
shall retain jurisdiction in a case where adoption is the intended permanent placement
disposition until the child's adoption is finalized, the child is 18 years of age, or, for
children in foster care beyond age 18 pursuant to section 260C.451, until the individual
becomes 21 years of age according to the provisions set forth in sections 260C.193,
subdivision 6, and 260C.451. The
deleted text end guardian ad litem and counsel for the child shall
continue on the case until an adoption decree is entered. An in-court appearance hearing
must be held every 90 days following termination of parental rights for the court to review
progress toward an adoptive placement and the specific recruitment efforts the agency
has taken to find an adoptive family deleted text beginor other placement living arrangementdeleted text end for the child
and to finalize the adoption or other permanency plan.new text begin Review of the progress toward
adoption of a child under guardianship of the commissioner of human services shall be
conducted according to section 260C.607.
new text end

deleted text begin (c) The responsible social services agency may make a determination of compelling
reasons for a child to be in long-term foster care when the agency has made exhaustive
efforts to recruit, identify, and place the child in an adoptive home, and the child continues
in foster care for at least 24 months after the court has issued the order terminating
parental rights. A child of any age who is under the guardianship of the commissioner of
the Department of Human Services and is legally available for adoption may not refuse
or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document relieving
county social services agencies of all recruitment efforts on the child's behalf. Upon
approving the agency's determination of compelling reasons, the court may order the child
placed in long-term foster care. At least every 12 months thereafter as long as the child
continues in out-of-home placement, the court shall conduct an in-court permanency
review hearing to determine the future status of the child using the review requirements of
section 260C.201, subdivision 11, paragraph (g).
deleted text end

(d) new text beginUpon terminating parental rights or upon a parent's consent to adoption
under section 260C.201, subdivision 11, resulting in an order for guardianship to the
commissioner of human services,
new text endthe court shall retain jurisdictionnew text begin:new text end

new text begin (1) until the child is adopted;
new text end

new text begin (2)new text end through the child's minority deleted text beginin a case where long-termdeleted text endnew text begin; or
new text end

new text begin (3)new text endnew text begin as long as the child continues in or reentersnew text end foster care deleted text beginis the permanent
disposition whether under paragraph (c) or section 260C.201, subdivision 11, or, for
children in foster care age 18 or older under section 260C.451
deleted text end, until the individual
becomes 21 years of age according to deleted text beginthe provisions indeleted text end sections 260C.193, subdivision 6,
and 260C.451.

Sec. 21.

Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:


Subd. 4.

Rights of terminated parent.

new text begin(a) new text endUpon entry of an order terminating the
parental rights of any person who is identified as a parent on the original birth record of
the child as to whom the parental rights are terminated, the court shall cause written
notice to be made to that person setting forth:

(1) the right of the person to file at any time with the state registrar of vital statistics
a consent to disclosure, as defined in section 144.212, subdivision 11;

(2) the right of the person to file at any time with the state registrar of vital statistics
an affidavit stating that the information on the original birth record shall not be disclosed
as provided in section 144.2252; and

(3) the effect of a failure to file either a consent to disclosure, as defined in section
144.212, subdivision 11, or an affidavit stating that the information on the original birth
record shall not be disclosed.

new text begin (b) A parent whose rights are terminated under this section shall retain the ability to
enter into a contact or communication agreement under section 260C.619 if an agreement
is determined by the court to be in the best interests of the child. The agreement shall be
filed with the court at or prior to the time the child is adopted. An order for termination of
parental rights shall not be conditioned on an agreement under section 260C.619.
new text end

Sec. 22.

Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginTransfer of custodydeleted text endnew text begin Guardianshipnew text end.

(a) deleted text beginIfdeleted text endnew text begin Whennew text end the court terminates
parental rights of both parents or of the only known livingnew text begin legalnew text end parent, the court shall
order the guardianship deleted text beginand the legal custodydeleted text end of the child deleted text begintransferreddeleted text end to:

(1) the commissioner of human services;

(2) a licensed child-placing agency; or

(3) an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

(b) The court shall order deleted text begintransfer ofdeleted text end guardianship deleted text beginand legal custodydeleted text end of a child to
the commissioner of human services deleted text beginonlydeleted text end when the responsible county social services
agency had legal responsibility for planning for the permanent placement of the child and
the child was in foster care under the legal responsibility of the responsible county social
services agency at the time the court orders guardianship deleted text beginand legal custody transferreddeleted text end to
the commissioner.new text begin The court shall not order guardianship to the commissioner under any
other circumstances, except as provided in subdivision 3.
new text end

Sec. 23.

Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read:


Subd. 3.

Both parents deceased.

(a) If upon petition deleted text beginto the juvenile courtdeleted text endnew text begin for
guardianship
new text end by a reputable person, including but not limited to deleted text beginandeleted text endnew text begin the responsible social
services agency as
new text end agent of the commissioner of human services, and upon hearing in
the manner provided in section 260C.163, the court finds that both parents or the only
known legal parent are or is deceased and no appointment has been made or petition for
appointment filed pursuant to sections 524.5-201 to 524.5-317, the court shall order the
guardianship deleted text beginand legal custodydeleted text end of the child transferred to:

(1) the commissioner of human services;new text begin or
new text end

deleted text begin (2) a licensed child-placing agency; or
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

(b) The court shall order deleted text begintransfer ofdeleted text end guardianship deleted text beginand legal custodydeleted text end of a child to the
commissioner of human services only if there is no individual who is willing and capable
of assuming the appropriate duties and responsibilities to the child.

Sec. 24.

Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read:


Subd. 4.

Guardian's responsibilities.

(a) A guardian appointed under deleted text beginthe
provisions of
deleted text end this section has legal custody of deleted text begina ward unless the court which appoints
the guardian gives legal custody to some other person. If the court awards custody to a
person other than the guardian, the guardian nonetheless has the right and responsibility of
reasonable visitation, except as limited by court order.
deleted text endnew text begin the child and the right to visit the
child in foster care, the adoptive placement, or any other suitable setting at any time prior
to finalization of the adoption of the child. When the child is under the guardianship of the
commissioner, the responsible social services agency, as agent of the commissioner, has
the right to visit the child.
new text end

(b) new text beginWhen the guardian is a licensed child-placing agency, new text endthe guardian deleted text beginmaydeleted text endnew text begin shallnew text end
make new text beginall new text endmajor decisions affecting the deleted text beginperson of the warddeleted text endnew text begin childnew text end, includingnew text begin,new text end but not limited
tonew text begin,new text end giving consentnew text begin,new text end deleted text begin(deleted text endwhen consent is legally requireddeleted text begin)deleted text endnew text begin,new text end to the marriage, enlistment in
the armed forces, medical, surgical, or psychiatric treatment, or adoption of the deleted text beginwarddeleted text endnew text begin
child
new text end. deleted text beginWhen, pursuant to this section, the commissioner of human services is appointed
guardian, the commissioner may delegate to the responsible social services agency of
the county in which, after the appointment, the ward resides, the authority to act for the
commissioner in decisions affecting the person of the ward, including but not limited
to giving consent to the marriage, enlistment in the armed forces, medical, surgical, or
psychiatric treatment of the ward.
deleted text end

new text begin (c) When the commissioner is appointed guardian, the duties of the commissioner of
human services are established under sections 260C.601 to 260C.635.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end A guardianship created under deleted text beginthe provisions ofdeleted text end this section shall not deleted text beginof itselfdeleted text end
include the guardianship of the estate of the deleted text beginwarddeleted text endnew text begin childnew text end.

new text begin (e) The commissioner of human services, through the responsible social services
agency, or a licensed child-placing agency who is a guardian or who has authority and
responsibility for planning for the adoption of the child under section 259.25 or 259.47,
has the duty to make reasonable efforts to finalize the adoption of the child.
new text end

Sec. 25.

Minnesota Statutes 2010, section 260C.328, is amended to read:


260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.

new text begin (a) new text endUpon its own motion or upon petition of an interested party, the juvenile court
having jurisdiction of the child may, after notice to the parties and a hearing, remove
the guardian appointed by the juvenile court and appoint a new guardian in accordance
with deleted text beginthe provisions ofdeleted text end section 260C.325, subdivision 1new text begin.new text enddeleted text begin, clause (a), (b), or (c). Upon a
showing that the child is emancipated, the court may discharge the guardianship. Any
child 14 years of age or older who is not adopted but who is placed in a satisfactory foster
home, may, with the consent of the foster parents, join with the guardian appointed by the
juvenile court in a petition to the court having jurisdiction of the child to discharge the
existing guardian and appoint the foster parents as guardians of the child.
deleted text end

new text begin (b)new text end The authority of a guardian appointed by the juvenile court terminates when the
individual under guardianship deleted text beginis no longer a minor or when guardianship is otherwise
discharged.
deleted text endnew text begin becomes age 18. However, an individual who has been under the guardianship
of the commissioner and who has not been adopted may continue in foster care or reenter
foster care pursuant to section 260C.451 and the responsible social services agency has
continuing legal responsibility for the placement of the individual.
new text end

Sec. 26.

new text begin [260C.601] ADOPTION OF CHILDREN UNDER GUARDIANSHIP
OF COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Review and finalization requirements; adoption procedures. new text end

new text begin (a)
Sections 260C.601 to 260C.635 establish:
new text end

new text begin (1) the requirements for court review of children under the guardianship of the
commissioner; and
new text end

new text begin (2) procedures for timely finalizing adoptions in the best interests of children under
the guardianship of the commissioner.
new text end

new text begin (b) Adoption proceedings for children not under the guardianship of the
commissioner are governed by chapter 259.
new text end

new text begin Subd. 2. new text end

new text begin Duty of responsible agency. new text end

new text begin The responsible social services agency has
the duty to act as the commissioner's agent in making reasonable efforts to finalize the
adoption of all children under the guardianship of the commissioner pursuant to section
260C.325. In implementing these duties, the agency shall ensure that:
new text end

new text begin (1) the best interests of the child are met in the planning and granting of adoptions;
new text end

new text begin (2) a child under the guardianship of the commissioner is appropriately involved
in planning for adoption;
new text end

new text begin (3) the diversity of Minnesota's population and diverse needs including culture,
religion, and language of persons affected by adoption are recognized and respected; and
new text end

new text begin (4) the court has the timely information it needs to make a decision that is in the best
interests of the child in reviewing the agency's planning for adoption and when ordering
the adoption of the child.
new text end

new text begin Subd. 3. new text end

new text begin Background study. new text end

new text begin Consistent with section 245C.33 and United States
Code, title 42, section 671, a completed background study is required before the adoptive
placement of the child in a related or an unrelated home.
new text end

Sec. 27.

new text begin [260C.603] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 260C.601 to 260C.635, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Adopting parent. new text end

new text begin "Adopting parent" means an adult who has signed
an adoption placement agreement regarding the child and has the same meaning as
preadoptive parent under section 259A.01, subdivision 23.
new text end

new text begin Subd. 3. new text end

new text begin Adoption placement agreement. new text end

new text begin "Adoption placement agreement" means
the written agreement between the responsible social services agency, the commissioner,
and the adopting parent which reflects the intent of all the signatories to the agreement that
the adopting parent establish a parent and child relationship by adoption with the child
who is under the guardianship of the commissioner. The adoptive placement agreement
must be in the commissioner's designated format.
new text end

new text begin Subd. 4. new text end

new text begin Adoptive parent. new text end

new text begin "Adoptive parent" has the meaning given in section
259A.01, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Adoptive placement. new text end

new text begin "Adoptive placement" means a placement made by
the responsible social services agency upon a fully executed adoption placement agreement
including the signatures of the adopting parent, the responsible social services agency, and
the commissioner of human services according to section 260C.613, subdivision 1.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or any employee of the Department of Human Services to whom the commissioner
has delegated authority regarding children under the commissioner's guardianship.
new text end

new text begin Subd. 7. new text end

new text begin Guardianship. new text end

new text begin "Guardianship" has the meaning given in section 259A.01,
subdivision 17; 260C.325; or 260C.515, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Prospective adoptive parent. new text end

new text begin "Prospective adoptive parent" means an
individual who may become an adopting parent regardless of whether the individual
has an adoption study approving the individual for adoption, but who has not signed an
adoption placement agreement.
new text end

Sec. 28.

new text begin [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) Reasonable efforts to finalize the adoption of a
child under the guardianship of the commissioner shall be made by the responsible social
services agency responsible for permanency planning for the child.
new text end

new text begin (b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent
who will commit to being the permanent resource for the child in the event the child
cannot be reunified with a parent are required under section 260.012 and may be made
concurrently with reasonable, or if the child is an Indian child, active efforts to reunify
the child with the parent.
new text end

new text begin (c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under
section 260C.204.
new text end

new text begin (d) Reasonable efforts to finalize the adoption of the child include:
new text end

new text begin (1) using age-appropriate engagement strategies to plan for adoption with the child;
new text end

new text begin (2) identifying an appropriate prospective adoptive parent for the child by updating
the child's identified needs using the factors in section 260C.212, subdivision 2;
new text end

new text begin (3) making an adoptive placement that meets the child's needs by:
new text end

new text begin (i) completing or updating the relative search required under section 260C.221 and
giving notice of the need for an adoptive home for the child to:
new text end

new text begin (A) relatives who have kept the agency or the court apprised of their whereabouts
and who have indicated an interest in adopting the child; or
new text end

new text begin (B) relatives of the child who are located in an updated search;
new text end

new text begin (ii) an updated search is required whenever:
new text end

new text begin (A) there is no identified prospective adoptive placement for the child
notwithstanding a finding by the court that the agency made diligent efforts under section
260C.221, in a hearing required under section 260C.202;
new text end

new text begin (B) the child is removed from the home of an adopting parent; or
new text end

new text begin (C) the court determines a relative search by the agency is in the best interests of
the child;
new text end

new text begin (iii) engaging child's foster parent and the child's relatives identified as an adoptive
resource during the search conducted under section 260C.221, to commit to being the
prospective adoptive parent of the child; or
new text end

new text begin (iv) when there is no identified prospective adoptive parent:
new text end

new text begin (A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;
new text end

new text begin (B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;
new text end

new text begin (C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;
new text end

new text begin (D) using newspapers and other media to promote the particular child;
new text end

new text begin (E) using a private agency under grant contract with the commissioner to provide
adoption services for intensive child-specific recruitment efforts; and
new text end

new text begin (F) making any other efforts or using any other resources reasonably calculated to
identify a prospective adoption parent for the child;
new text end

new text begin (4) updating and completing the social and medical history required under sections
259.43 and 260C.609;
new text end

new text begin (5) making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;
new text end

new text begin (6) giving notice regarding the responsibilities of an adoptive parent to any
prospective adoptive parent as required under section 259.35;
new text end

new text begin (7) offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter 259A;
new text end

new text begin (8) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of
payment if the adopting parent has applied for adoption assistance;
new text end

new text begin (9) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and
new text end

new text begin (10) working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.
new text end

new text begin Subd. 2. new text end

new text begin No waiver. new text end

new text begin (a) The responsible social services agency shall make
reasonable efforts to recruit, assess, and match an adoptive home for any child under
the guardianship of the commissioner and reasonable efforts shall continue until an
adoptive placement is made and adoption finalized or until the child is no longer under the
guardianship of the commissioner.
new text end

new text begin (b) A child of any age who is under the guardianship of the commissioner and is
legally available for adoption may not refuse or waive the responsible social services
agency's reasonable efforts to recruit, identify, and place the child in an adoptive home
required under this section. The agency has an ongoing responsibility to work with the
child to explore the child's opportunities for adoption, and what adoption means for the
child, and may not accept a child's refusal to consider adoption as an option.
new text end

new text begin (c) The court may not relieve or otherwise order the responsible social services
agency to cease fulfilling the responsible social services agency's duty regarding
reasonable efforts to recruit, identify, and place the child in an adoptive home.
new text end

Sec. 29.

new text begin [260C.607] REVIEW OF PROGRESS TOWARD ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Review hearings. new text end

new text begin (a) The court shall conduct a review of the
responsible social services agency's reasonable efforts to finalize adoption for any child
under the guardianship of the commissioner and of the progress of the case toward
adoption at least every 90 days after the court issues an order that the commissioner is
the guardian of the child.
new text end

new text begin (b) The review of progress toward adoption shall continue notwithstanding that an
appeal is made of the order for guardianship.
new text end

new text begin (c) The agency's reasonable efforts to finalize the adoption must continue during the
pendency of the appeal and all progress toward adoption shall continue except that the
court may not finalize an adoption while the appeal is pending.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin Notice of review hearings shall be given by the court to:
new text end

new text begin (1) the responsible social services agency;
new text end

new text begin (2) the child, if the child is age ten and older;
new text end

new text begin (3) the child's guardian ad litem;
new text end

new text begin (4) relatives of the child who have kept the court informed of their whereabouts
as required in section 260C.221 and who have responded to the agency's notice under
section 260C.221, indicating a willingness to provide an adoptive home for the child
unless the relative has been previously ruled out by the court as a suitable foster parent or
permanency resource for the child;
new text end

new text begin (5) the current foster or adopting parent of the child;
new text end

new text begin (6) any foster or adopting parents of siblings of the child; and
new text end

new text begin (7) the Indian child's tribe.
new text end

new text begin Subd. 3. new text end

new text begin Right to participate. new text end

new text begin Any individual or entity listed in subdivision 2 may
participate in the continuing reviews conducted under this section. No other individual
or entity is required to be given notice or to participate in the reviews unless the court
specifically orders that notice be given or participation in the reviews be required.
new text end

new text begin Subd. 4. new text end

new text begin Content of review. new text end

new text begin (a) The court shall review:
new text end

new text begin (1) the agency's reasonable efforts under section 260C.605 to finalize an adoption
for the child as appropriate to the stage of the case; and
new text end

new text begin (2) the child's current out-of-home placement plan required under section 260C.212,
subdivision 1, to ensure the child is receiving all services and supports required to meet
the child's needs as they relate to the child's:
new text end

new text begin (i) placement;
new text end

new text begin (ii) visitation and contact with siblings;
new text end

new text begin (iii) visitation and contact with relatives;
new text end

new text begin (iv) medical, mental, and dental health; and
new text end

new text begin (v) education.
new text end

new text begin (b) When the child is age 16 and older, and as long as the child continues in foster
care, the court shall also review the agency's planning for the child's independent living
after leaving foster care including how the agency is meeting the requirements of section
260C.212, subdivision 1, paragraph (c), clause (11). The court shall use the review
requirements of section 260C.203, in any review conducted under this paragraph.
new text end

new text begin Subd. 5. new text end

new text begin Required placement by responsible social services agency. new text end

new text begin (a) No
petition for adoption shall be filed for a child under the guardianship of the commissioner
unless the child sought to be adopted has been placed for adoption with the adopting
parent by the responsible social services agency. The court may order the agency to make
an adoptive placement using standards and procedures under subdivision 6.
new text end

new text begin (b) Any relative or the child's foster parent who believes the responsible agency
has not reasonably considered their request to be considered for adoptive placement as
required under section 260C.212, subdivision 2, and who wants to be considered for
adoptive placement of the child shall bring their request for consideration to the attention
of the court during a review required under this section. The child's guardian ad litem and
the child may also bring a request for a relative or the child's foster parent to be considered
for adoptive placement. After hearing from the agency, the court may order the agency to
take appropriate action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).
new text end

new text begin Subd. 6. new text end

new text begin Motion and hearing to order adoptive placement. new text end

new text begin (a) At any time after
the district court orders the child under the guardianship of the commissioner of human
services, but not later than 30 days after receiving notice required under section 260C.613,
subdivision 1, paragraph (c), that the agency has made an adoptive placement, a relative
or the child's foster parent may file a motion for an order for adoptive placement of a
child who is under the guardianship of the commissioner if the relative or the child's
foster parent:
new text end

new text begin (1) has an adoption home study under section 259.41 approving the relative or foster
parent for adoption and has been a resident of Minnesota for at least six months before
filing the motion; the court may waive the residency requirement for the moving party
if there is a reasonable basis to do so; or
new text end

new text begin (2) is not a resident of Minnesota, but has an approved adoption home study by
an agency licensed or approved to complete an adoption home study in the state of the
individual's residence and the study is filed with the motion for adoptive placement.
new text end

new text begin (b) The motion shall be filed with the court conducting reviews of the child's
progress toward adoption under this section. The motion and supporting documents must
make a prima facie showing that the agency has been unreasonable in failing to make the
requested adoptive placement. The motion must be served according to the requirements
for motions under the Minnesota Rules of Juvenile Protection Procedure and shall be
made on all individuals and entities listed in subdivision 2.
new text end

new text begin (c) If the motion and supporting documents do not make a prima facie showing for
the court to determine whether the agency has been unreasonable in failing to make the
requested adoptive placement, the court shall dismiss the motion. If the court determines a
prima facie basis is made, the court shall set the matter for evidentiary hearing.
new text end

new text begin (d) At the evidentiary hearing the responsible social services agency shall proceed
first with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.
new text end

new text begin (e) At the conclusion of the evidentiary hearing, if the court finds that the agency
has been unreasonable in failing to make the adoptive placement and that the relative or
the child's foster parent is the most suitable adoptive home to meet the child's needs
using the factors in section 260C.212, subdivision 2, paragraph (b), the court may order
the responsible social services agency to make an adoptive placement in the home of the
relative or the child's foster parent.
new text end

new text begin (f) If, in order to ensure that a timely adoption may occur, the court orders the
responsible social services agency to make an adoptive placement under this subdivision,
the agency shall:
new text end

new text begin (1) make reasonable efforts to obtain a fully executed adoption placement agreement;
new text end

new text begin (2) work with the moving party regarding eligibility for adoption assistance as
required under chapter 259A; and
new text end

new text begin (3) if the moving party is not a resident of Minnesota, timely refer the matter for
approval of the adoptive placement through the Interstate Compact on the Placement of
Children.
new text end

new text begin (g) Denial or granting of a motion for an order for adoptive placement after an
evidentiary hearing is an order which may be appealed by the responsible social services
agency, the moving party, the child, when age ten or over, the child's guardian ad litem,
and any individual who had a fully executed adoption placement agreement regarding
the child at the time the motion was filed if the court's order has the effect of terminating
the adoption placement agreement. An appeal shall be conducted according to the
requirements of the Rules of Juvenile Protection Procedure.
new text end

new text begin Subd. 7. new text end

new text begin Changing adoptive plan when parent has consented to adoption.
new text end

new text begin When the child's parent has consented to adoption under section 260C.515, subdivision 3,
only the person identified by the parent and agreed to by the agency as the prospective
adoptive parent qualifies for adoptive placement of the child until the responsible social
services agency has reported to the court and the court has found in a hearing under this
section that it is not possible to finalize an adoption by the identified prospective adoptive
parent within 12 months of the execution of the consent to adopt under section 260C.515,
subdivision 3, unless the responsible social services agency certifies that the failure to
finalize is not due to either an action or a failure to act by the prospective adoptive parent.
new text end

new text begin Subd. 8. new text end

new text begin Timing modified. new text end

new text begin (a) The court may review the responsible social services
agency's reasonable efforts to finalize an adoption more frequently than every 90 days
whenever a more frequent review would assist in finalizing the adoption.
new text end

new text begin (b) In appropriate cases, the court may review the responsible social services
agency's reasonable efforts to finalize an adoption less frequently than every 90 days. The
court shall not find it appropriate to review progress toward adoption less frequently
than every 90 days except when:
new text end

new text begin (1) the court has approved the agency's reasonable efforts to recruit, identify, and
place the child in an adoptive home on a continuing basis for at least 24 months after the
court has issued the order for guardianship;
new text end

new text begin (2) the child is at least 16 years old; and
new text end

new text begin (3) the child's guardian ad litem agrees that review less frequently than every 90
days is in the child's best interests.
new text end

new text begin (c) In no event shall the court's review be less frequent than every six months.
new text end

Sec. 30.

new text begin [260C.609] SOCIAL AND MEDICAL HISTORY.
new text end

new text begin (a) The responsible social services agency shall work with the birth family of the
child, foster family, medical and treatment providers, and the child's school to ensure there
is a detailed, thorough, and currently up-to-date social and medical history of the child as
required under section 259.43 on the forms required by the commissioner.
new text end

new text begin (b) When the child continues in foster care, the agency's reasonable efforts to
complete the history shall begin no later than the permanency progress review hearing
required under section 260C.204 or six months after the child's placement in foster care.
new text end

new text begin (c) The agency shall thoroughly discuss the child's history with the adopting parent
of the child and shall give a copy of the report of the child's social and medical history
to the adopting parent. A copy of the child's social and medical history may also be
given to the child as appropriate.
new text end

new text begin (d) The report shall not include information that identifies birth relatives. Redacted
copies of all the child's relevant evaluations, assessments, and records must be attached
to the social and medical history.
new text end

Sec. 31.

new text begin [260C.611] ADOPTION STUDY REQUIRED.
new text end

new text begin An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent shall be completed before placing any child
under the guardianship of the commissioner in a home for adoption. If a prospective
adoptive parent has previously held a foster care license or adoptive home study, any
update necessary to the foster care license, or updated or new adoptive home study, if not
completed by the licensing authority responsible for the previous license or home study,
shall include collateral information from the previous licensing or approving agency, if
available.
new text end

Sec. 32.

new text begin [260C.613] SOCIAL SERVICES AGENCY AS COMMISSIONER'S
AGENT.
new text end

new text begin Subdivision 1. new text end

new text begin Adoptive placement decisions. new text end

new text begin (a) The responsible social services
agency has exclusive authority to make an adoptive placement of a child under the
guardianship of the commissioner. The child shall be considered placed for adoption when
the adopting parent, the agency, and the commissioner have fully executed an adoption
placement agreement on the form prescribed by the commissioner.
new text end

new text begin (b) The responsible social services agency shall use an individualized determination
of the child's current needs pursuant to section 260C.212, subdivision 2, paragraph (b), to
determine the most suitable adopting parent for the child in the child's best interests.
new text end

new text begin (c) The responsible social services agency shall notify the court and parties entitled
to notice under section 260C.607, subdivision 2, when there is a fully executed adoption
placement agreement for the child.
new text end

new text begin (d) In the event an adoption placement agreement terminates, the responsible
social services agency shall notify the court, the parties entitled to notice under section
260C.607, subdivision 2, and the commissioner that the agreement and the adoptive
placement have terminated.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure of data permitted to identify adoptive parent. new text end

new text begin The
responsible social services agency may disclose private data, as defined in section 13.02, to
prospective adoptive parents for the purpose of identifying an adoptive parent willing and
able to meet the child's needs as outlined in section 260C.212, subdivision 2, paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Siblings placed together. new text end

new text begin The responsible social services agency shall
place siblings together for adoption according to section 260.012, paragraph (e), clause
(4), unless:
new text end

new text begin (1) the court makes findings required under section 260C.617; and
new text end

new text begin (2) the court orders that the adoption or progress toward adoption of the child under
the court's jurisdiction may proceed notwithstanding that the adoption will result in
siblings being separated.
new text end

new text begin Subd. 4. new text end

new text begin Other considerations. new text end

new text begin Placement of a child cannot be delayed or denied
based on the race, color, or national origin of the prospective parent or the child.
new text end

new text begin Subd. 5. new text end

new text begin Required record keeping. new text end

new text begin The responsible social services agency
shall document, in the records required to be kept under section 259.79, the reasons
for the adoptive placement decision regarding the child, including the individualized
determination of the child's needs based on the factors in section 260C.212, subdivision
2, paragraph (b), and the assessment of how the selected adoptive placement meets the
identified needs of the child. The responsible social services agency shall retain in the
records required to be kept under section 259.79, copies of all out-of-home placement
plans made since the child was ordered under guardianship of the commissioner and all
court orders from reviews conducted pursuant to section 260C.607.
new text end

new text begin Subd. 6. new text end

new text begin Death notification. new text end

new text begin (a) The agency shall inform the adoptive parents
that the adoptive parents of an adopted child under age 19 or an adopted person age 19
or older may maintain a current address on file with the agency and indicate a desire to
be notified if the agency receives information of the death of a birth parent. The agency
shall notify birth parents of the child's death and the cause of death, if known, provided
that the birth parents desire notice and maintain current addresses on file with the agency.
The agency shall inform birth parents entitled to notice under section 259.27, that they
may designate individuals to notify the agency if a birth parent dies and that the agency
receiving information of the birth parent's death will share the information with adoptive
parents, if the adopted person is under age 19, or an adopted person age 19 or older who
has indicated a desire to be notified of the death of a birth parent and who maintains
a current address on file with the agency.
new text end

new text begin (b) Notice to a birth parent that a child has died or to the adoptive parents or an
adopted person age 19 or older that a birth parent has died shall be provided by an
employee of the agency through personal and confidential contact, but not by mail.
new text end

new text begin Subd. 7. new text end

new text begin Terminal illness notification. new text end

new text begin If a birth parent or the child is terminally ill,
the responsible social services agency shall inform the adoptive parents and birth parents
of a child who is adopted that the birth parents, the adoptive parents of an adopted person
under age 19, or an adopted person age 19 or older may request to be notified of the
terminal illness. The agency shall notify the other parties if a request is received under
this subdivision and upon a party's request the agency shall share information regarding a
terminal illness with the adoptive or birth parents or an adopted person age 19 or older.
new text end

new text begin Subd. 8. new text end

new text begin Postadoption search services. new text end

new text begin The responsible social services agency
shall respond to requests from adopted persons age 19 years and over, adoptive parents
of a minor child, and birth parents for social and medical history and genetic health
conditions of the adopted person's birth family and genetic sibling information according
to section 259.83.
new text end

Sec. 33.

new text begin [260C.615] DUTIES OF COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin (a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:
new text end

new text begin (1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and
new text end

new text begin (2) the child donating a part of the child's body to another person while the child is
living; the decision to donate a body part under this clause shall take into consideration
the child's wishes and the child's culture.
new text end

new text begin (b) In addition to the exclusive rights under paragraph (a), the commissioner has
a duty to:
new text end

new text begin (1) process any complete and accurate request for home study and placement
through the Interstate Compact on the Placement of Children under section 260.851;
new text end

new text begin (2) process any complete and accurate application for adoption assistance forwarded
by the responsible social services agency according to chapter 259A;
new text end

new text begin (3) complete the execution of an adoption placement agreement forwarded to the
commissioner by the responsible social services agency and return it to the agency in a
timely fashion; and
new text end

new text begin (4) maintain records as required in chapter 259.
new text end

new text begin Subd. 2. new text end

new text begin Duties not reserved. new text end

new text begin All duties, obligations, and consents not specifically
reserved to the commissioner in this section are delegated to the responsible social
services agency.
new text end

Sec. 34.

new text begin [260C.617] SIBLING PLACEMENT.
new text end

new text begin (a) The responsible social services agency shall make every effort to place siblings
together for adoption.
new text end

new text begin (b) The court shall review any proposal by the responsible social services agency to
separate siblings for purposes of adoption.
new text end

new text begin (c) If there is venue in more than one county for matters regarding siblings who are
under the guardianship of the commissioner, the judges conducting reviews regarding
the siblings shall communicate with each other about the siblings' needs and, where
appropriate, shall conduct review hearings in a manner that ensures coordinated planning
by agencies involved in decision making for the siblings.
new text end

new text begin (d) After notice to the individuals and entities listed in section 260C.627, the foster
or prospective adoptive parent of the child, and any foster, adopting, or adoptive parents
of the child's siblings, or relatives with permanent legal and physical custody of the
child's sibling, and upon hearing, the court may determine that a child under the court's
jurisdiction may be separated from the child's sibling for adoption when:
new text end

new text begin (1) the responsible social services agency has made reasonable efforts to place the
siblings together, and after finding reasonable efforts have been made, the court finds
further efforts would significantly delay the adoption of one or more of the siblings and
are therefore not in the best interests of one or more of the siblings; or
new text end

new text begin (2) the court determines it is not in the best interests of one or more of the siblings to
be placed together after reasonable efforts by the responsible social services agency to
place the siblings together.
new text end

Sec. 35.

new text begin [260C.619] COMMUNICATION AND CONTACT AGREEMENTS.
new text end

new text begin (a) An adopting parent and a relative or foster parent of the child may enter into an
agreement regarding communication with or contact between the adopted child, adopting
parent, and the relative or foster parent. An agreement may be entered between:
new text end

new text begin (1) an adopting parent and a birth parent;
new text end

new text begin (2) an adopting parent and any relative or foster parent with whom the child resided
before being adopted; and
new text end

new text begin (3) an adopting parent and the parent or legal custodian of a sibling of the child, if
the sibling is a minor, or any adult sibling of the child.
new text end

new text begin (b) An agreement regarding communication with or contact between the child,
adoptive parents, and a relative or foster parent, is enforceable when the terms of the
agreement are contained in a written court order. The order must be issued before or at the
time of the granting of the decree of adoption. The order granting the communication,
contact, or visitation shall be filed in the adoption file.
new text end

new text begin (c) The court shall mail a certified copy of the order to the parties to the agreement or
their representatives at the addresses provided by the parties to the agreement. Service shall
be completed in a manner that maintains the confidentiality of confidential information.
new text end

new text begin (d) The court shall not enter a proposed order unless the terms of the order have been
approved in writing by the prospective adoptive parents, the birth relative, the foster
parent, or the birth parent or legal custodian of the child's sibling who desires to be a party
to the agreement, and the responsible social services agency.
new text end

new text begin (e) An agreement under this section need not disclose the identity of the parties to be
legally enforceable and when the identity of the parties to the agreement is not disclosed,
data about the identities in the adoption file shall remain confidential.
new text end

new text begin (f) The court shall not enter a proposed order unless the court finds that the
communication or contact between the minor adoptee, the adoptive parents, and the
relative, foster parents, or siblings as agreed upon and contained in the proposed order,
would be in the child's best interests.
new text end

new text begin (g) Failure to comply with the terms of an order regarding communication or contact
that has been entered by the court under this section is not grounds for:
new text end

new text begin (1) setting aside an adoption decree; or
new text end

new text begin (2) revocation of a written consent to an adoption after that consent has become
irrevocable.
new text end

new text begin (h) An order regarding communication or contact entered under this section may be
enforced by filing a motion in the existing adoption file with the court that entered the
contact agreement. Any party to the communication or contact order or the child who is
the subject of the order has standing to file the motion to enforce the order. The prevailing
party may be awarded reasonable attorney fees and costs.
new text end

new text begin (i) The court shall not modify an order under this section unless it finds that the
modification is necessary to serve the best interests of the child, and:
new text end

new text begin (1) the modification is agreed to by the parties to the agreement; or
new text end

new text begin (2) exceptional circumstances have arisen since the order was entered that justified
modification of the order.
new text end

Sec. 36.

new text begin [260C.621] JURISDICTION AND VENUE.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin (a) The juvenile court has original jurisdiction for all
adoption proceedings involving the adoption of a child under the guardianship of the
commissioner, including when the commissioner approves the placement of the child
through the Interstate Compact on the Placement of Children under section 260.851 for
adoption outside the state of Minnesota and an adoption petition is filed in Minnesota.
new text end

new text begin (b) The receiving state also has jurisdiction to conduct an adoption proceeding for a
child under the guardianship of the commissioner when the adopting home was approved
by the receiving state through the interstate compact.
new text end

new text begin Subd. 2. new text end

new text begin Venue. new text end

new text begin (a) Venue for the adoption of a child committed to the guardianship
of the commissioner of human services shall be the court conducting reviews in the matter
according to section 260C.607.
new text end

new text begin (b) Upon request of the responsible social services agency, the court conducting
reviews under section 260C.607 may order that filing an adoption petition involving a
child under the guardianship of the commissioner be permitted in the county where the
adopting parent resides upon determining that:
new text end

new text begin (1) there is no motion for an order for adoptive placement of the child that has been
filed or is reasonably anticipated by the responsible social services agency to be filed; and
new text end

new text begin (2) filing the petition in the adopting parent's county of residence will expedite the
proceedings and serve the best interests of the child.
new text end

new text begin (c) When the court issues an order under paragraph (b), a copy of the court order
shall be filed together with the adoption petition in the court of the adopting parent's
county of residence.
new text end

new text begin (d) The court shall notify the court conducting reviews under section 260C.607 when
the adoption is finalized so that the court conducting reviews under section 260C.607 may
close its jurisdiction and the court record, including the court's electronic case record, in
the county conducting the reviews, shall reflect that adoption of the child was finalized.
new text end

Sec. 37.

new text begin [260C.623] ADOPTION PETITION.
new text end

new text begin Subdivision 1. new text end

new text begin Who may petition. new text end

new text begin (a) The responsible social services agency may
petition for the adopting parent to adopt a child who is under the guardianship of the
commissioner. The petition shall contain or have attached a statement certified by the
adopting parent that the adopting parent desires that the relationship of parent and child
be established between the adopting parent and the child and that adoption is in the best
interests of the child.
new text end

new text begin (b) The adopting parent may petition the court for adoption of the child.
new text end

new text begin (c) An adopting parent must be at least 21 years of age at the time the adoption
petition is filed unless the adopting parent is an individual related to the child, as defined
by section 245A.02, subdivision 13.
new text end

new text begin (d) The petition may be filed in Minnesota by an adopting parent who resides within
or outside the state.
new text end

new text begin Subd. 2. new text end

new text begin Time for filing petition. new text end

new text begin (a) An adoption petition shall be filed not later
than nine months after the date of the fully executed adoption placement agreement unless
the court finds that:
new text end

new text begin (1) the time for filing a petition be extended because of the child's special needs
as defined under title IV-E of the federal Social Security Act, United States Code, title
42, section 672; or
new text end

new text begin (2) based on a written plan for completing filing of the petition, including a specific
timeline, to which the adopting parent has agreed, the time for filing a petition be extended
long enough to complete the plan because an extension is in the best interests of the child
and additional time is needed for the child to adjust to the adoptive home.
new text end

new text begin (b) If an adoption petition is not filed within nine months of the execution of the
adoption placement agreement as required under section 260C.613, subdivision 1, and
after giving the adopting parent written notice of its request together with the date and
time of the hearing set to consider its report, the responsible social services agency shall
file a report requesting an order for one of the following:
new text end

new text begin (1) that the time for filing a petition be extended because of the child's special needs
as defined under title IV-E of the federal Social Security Act, United States Code, title
42, section 673;
new text end

new text begin (2) that, based on a written plan for completing filing of the petition, including a
specific timeline, to which the adopting parent has agreed, the time for filing a petition can
be extended long enough to complete the plan because an extension is in the best interests
of the child and additional time is needed for the child to adjust to the adoptive home; or
new text end

new text begin (3) that the child can be removed from the adopting home.
new text end

new text begin (c) At the conclusion of the review, the court shall issue findings, appropriate orders
for the parties to take action or steps required to advance the case toward a finalized
adoption, and set the date and time for the next review hearing.
new text end

new text begin Subd. 3. new text end

new text begin Requirements of petition. new text end

new text begin (a) The petition shall be captioned in the legal
name of the child as that name is reflected on the child's birth record prior to adoption and
shall be entitled "Petition to Adopt Child under the Guardianship of the Commissioner
of Human Services." The actual name of the child shall be supplied to the court by the
responsible social services agency if unknown to the individual with whom the agency
has made the adoptive placement.
new text end

new text begin (b) The adoption petition shall be verified as required in section 260C.141,
subdivision 4, and, if filed by the responsible social services agency, signed and approved
by the county attorney.
new text end

new text begin (c) The petition shall state:
new text end

new text begin (1) the full name, age, and place of residence of the adopting parent;
new text end

new text begin (2) if the adopting parents are married, the date and place of marriage;
new text end

new text begin (3) the date the adopting parent acquired physical custody of the child;
new text end

new text begin (4) the date of the adoptive placement by the responsible social services agency;
new text end

new text begin (5) the date of the birth of the child, if known, and the county, state, and country
where born;
new text end

new text begin (6) the name to be given the child, if a change of name is desired;
new text end

new text begin (7) the description and value of any real or personal property owned by the child;
new text end

new text begin (8) the relationship of the adopting parent to the child prior to adoptive placement, if
any;
new text end

new text begin (9) whether the Indian Child Welfare Act does or does not apply; and
new text end

new text begin (10) the name and address of:
new text end

new text begin (i) the child's guardian ad litem;
new text end

new text begin (ii) the adoptee, if age ten or older;
new text end

new text begin (iii) the child's Indian tribe, if the child is an Indian child; and
new text end

new text begin (iv) the responsible social services agency.
new text end

new text begin (d) A petition may ask for the adoption of two or more children.
new text end

new text begin (e) If a petition is for adoption by a married person, both spouses must sign the
petition indicating willingness to adopt the child and the petition must ask for adoption by
both spouses unless the court approves adoption by only one spouse when spouses do not
reside together or for other good cause shown.
new text end

new text begin (f) If the petition is for adoption by a person residing outside the state, the adoptive
placement must have been approved by the state where the person is a resident through the
Interstate Compact on the Placement of Children, sections 260.851 to 260.92.
new text end

new text begin Subd. 4. new text end

new text begin Attachments to the petition. new text end

new text begin The following must be filed with the petition:
new text end

new text begin (1) the adoption study report required under section 259.41;
new text end

new text begin (2) the social and medical history required under sections 259.43 and 260C.609; and
new text end

new text begin (3) a document prepared by the petitioner that establishes who must be given notice
under section 260C.627, subdivision 1, that includes the names and mailing addresses of
those to be served by the court administrator.
new text end

Sec. 38.

new text begin [260C.625] DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
new text end

new text begin (a) The following shall be filed by the responsible social services agency prior to
finalization of the adoption:
new text end

new text begin (1) a certified copy of the child's birth record;
new text end

new text begin (2) a certified copy of the findings and order terminating parental rights or order
accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for
guardianship to the commissioner;
new text end

new text begin (3) a copy of any communication or contact agreement under section 260C.619;
new text end

new text begin (4) certification that the Minnesota Fathers' Adoption Registry has been searched
which requirement may be met according to the requirements of the Minnesota Rules of
Adoption Procedure, Rule 32.01, subdivision 2;
new text end

new text begin (5) the original of each consent to adoption required, if any, unless the original was
filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and
the order filed under clause (2) has a copy of the consent attached; and
new text end

new text begin (6) the postplacement assessment report required under section 259.53, subdivision
2.
new text end

new text begin (b) The responsible social services agency shall provide any known aliases of the
child to the court.
new text end

Sec. 39.

new text begin [260C.627] NOTICE OF ADOPTION PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin To whom given. new text end

new text begin (a) Notice of the adoption proceedings shall not
be given to any parent whose rights have been terminated or who has consented to the
adoption of the child under this chapter.
new text end

new text begin (b) Notice of the adoption proceedings shall be given to the following:
new text end

new text begin (1) the child's tribe if the child is an Indian child;
new text end

new text begin (2) the responsible social services agency;
new text end

new text begin (3) the child's guardian ad litem;
new text end

new text begin (4) the child, if the child is age ten or over;
new text end

new text begin (5) the child's attorney; and
new text end

new text begin (6) the adopting parent.
new text end

new text begin (c) Notice of a hearing regarding the adoption petition shall have a copy of the
petition attached unless service of the petition has already been accomplished.
new text end

new text begin Subd. 2. new text end

new text begin Method of service. new text end

new text begin Notice of adoption proceedings for a child under the
guardianship of the commissioner may be served by United States mail or any other
method approved by the Minnesota Rules of Adoption Procedure.
new text end

Sec. 40.

new text begin [260C.629] FINALIZATION HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Consent. new text end

new text begin (a) A parent whose rights to the child have not been
terminated must consent to the adoption of the child. A parent may consent to the adoption
of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable
upon acceptance by the court except as otherwise provided in section 260C.515,
subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of
the child according to United States Code, title 25, section 1913, and that consent may be
withdrawn for any reason at any time before the entry of a final decree of adoption.
new text end

new text begin (b) When the child to be adopted is age 14 years or older, the child's written consent
to adoption by the adopting parent is required.
new text end

new text begin (c) Consent by the responsible social services agency or the commissioner is not
required because the adoptive placement has been made by the responsible social services
agency.
new text end

new text begin Subd. 2. new text end

new text begin Required documents. new text end

new text begin In order to issue a decree for adoption and enter
judgment accordingly, the court must have the following documents in the record:
new text end

new text begin (1) original birth record of the child;
new text end

new text begin (2) adoption study report including a background study required under section
259.41;
new text end

new text begin (3) a certified copy of the findings and order terminating parental rights or order
accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for
guardianship to the commissioner;
new text end

new text begin (4) any consents required under subdivision 1;
new text end

new text begin (5) child's social and medical history under section 260C.609;
new text end

new text begin (6) postplacement assessment report required under section 259.53, subdivision 2,
unless waived by the court on the record at a hearing under section 260C.607; and
new text end

new text begin (7) report from the child's guardian ad litem.
new text end

Sec. 41.

new text begin [260C.631] JUDGMENT AND DECREE.
new text end

new text begin (a) After taking testimony from the responsible social services agency, which may
be by telephone or affidavit if the court has transferred venue of the matter to a county
not conducting the posttermination of parental rights reviews under section 260C.607,
and the adopting parent, if the court finds that it is in the best interests of the child that
the petition be granted, a decree of adoption shall be issued ordering that the child to be
adopted shall be the child of the adopting parent. In the decree, the court may change the
name of the adopted child, if a name change is requested.
new text end

new text begin (b) After the decree is granted, the court administrator shall mail a copy of the decree
to the commissioner of human services.
new text end

Sec. 42.

new text begin [260C.633] ADOPTION DENIED.
new text end

new text begin (a) If the court is not satisfied that the proposed adoption is in the best interests of
the child to be adopted, the court shall deny the petition, and order the responsible social
services agency to take appropriate action for the protection and safety of the child. If
venue has been transferred under section 260C.621, subdivision 2, the court denying
the petition shall notify the court originally conducting the guardianship reviews under
section 260C.607.
new text end

new text begin (b) The court responsible for conducting reviews under section 260C.607 shall set a
hearing within 30 days of receiving notice of denial of the petition.
new text end

new text begin (c) Any appeal of the denial of an adoption petition under this section shall be made
according to the requirements of the Minnesota Rules of Adoption Procedure.
new text end

Sec. 43.

new text begin [260C.635] EFFECT OF ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Legal effect. new text end

new text begin (a) Upon adoption, the adopted child becomes the legal
child of the adopting parent and the adopting parent becomes the legal parent of the child
with all the rights and duties between them of a birth parent and child.
new text end

new text begin (b) The child shall inherit from the adoptive parent and the adoptive parent's
relatives the same as though the child were the birth child of the parent, and in case of the
child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit
the child's estate as if the child had been the adoptive parent's birth child.
new text end

new text begin (c) After a decree of adoption is entered, the birth parents or previous legal parents
of the child shall be relieved of all parental responsibilities for the child except child
support that has accrued to the date of the order for guardianship to the commissioner
which continues to be due and owing. The child's birth or previous legal parent shall not
exercise or have any rights over the adopted child or the adopted child's property, person,
privacy, or reputation.
new text end

new text begin (d) The adopted child shall not owe the birth parents or the birth parent's relatives
any legal duty nor shall the adopted child inherit from the birth parents or kindred unless
otherwise provided for in a will of the birth parent or kindred.
new text end

new text begin (e) Upon adoption, the court shall complete a certificate of adoption form and mail
the form to the Office of the State Registrar at the Minnesota Department of Health. Upon
receiving the certificate of adoption, the state registrar shall register a replacement vital
record in the new name of the adopted child as required under section 144.218.
new text end

new text begin Subd. 2. new text end

new text begin Enrollment in American Indian tribe. new text end

new text begin Notwithstanding the provisions
of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an
American Indian tribe shall not change the child's enrollment in that tribe.
new text end

new text begin Subd. 3. new text end

new text begin Communication or contact agreements. new text end

new text begin This section does not prohibit
birth parents, relatives, birth or legal siblings, and adoptive parents from entering a
communication or contact agreement under section 260C.619.
new text end

Sec. 44.

new text begin [260C.637] ACCESS TO ORIGINAL BIRTH RECORD
INFORMATION.
new text end

new text begin An adopted person may ask the commissioner of health to disclose the information
on the adopted person's original birth record according to section 259.89.
new text end

Sec. 45.

Minnesota Statutes 2010, section 541.04, is amended to read:


541.04 JUDGMENTS, TEN deleted text beginOR 20deleted text end YEARS.

No action shall be maintained upon a judgment or decree of a court of the United
States, or of any state or territory thereof, unless begun within ten years after the entry of
such judgment deleted text beginor, in the case of a judgment for child support, including a judgment by
operation of law, unless begun within 20 years after entry of the judgment
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective retroactively
from April 15, 2010, the date the language stricken in this section was finally enacted.
new text end

Sec. 46.

Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:


Subdivision 1.

Entry and docketing; survival of judgment.

Except as provided
in section 548.091, every judgment requiring the payment of money shall be entered
by the court administrator when ordered by the court and will be docketed by the court
administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript
of the docket being filed with the court administrator in any other county, the court
administrator shall also docket it. From the time of docketing the judgment is a lien, in
the amount unpaid, upon all real property in the county then or thereafter owned by the
judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant
to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten
years after its entry deleted text beginor, in the case of a judgment for child support, including a judgment
by operation of law, for 20 years after its entry
deleted text end. Child support judgments may be renewed
pursuant to section 548.091.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective retroactively
from April 15, 2010, the date the language stricken in this section was finally enacted.
new text end

Sec. 47.

Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

new text begin A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (o) from the Department of
Human Services.
new text end

new text begin (o) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (n), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.301, subdivision 3.
new text end

deleted text begin (o)deleted text endnew text begin (p)new text end Persons who conduct assessments or investigations under this section
shall take into account accepted child-rearing practices of the culture in which a child
participates and accepted teacher discipline practices, which are not injurious to the child's
health, welfare, and safety.

deleted text begin (p)deleted text endnew text begin (q)new text end "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

deleted text begin (q)deleted text endnew text begin (r)new text end "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

Sec. 48.

Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:


Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian
of the child of the need for services to address child safety concerns or significant risk
of subsequent child maltreatment. The local welfare agency and the family may also
jointly agree that family support and family preservation services are needed. Within ten
working days of the conclusion of an investigation, the local welfare agency or agency
responsible for assessing or investigating the report shall notify the parent or guardian
of the child, the person determined to be maltreating the child, and if applicable, the
director of the facility, of the determination and a summary of the specific reasons for
the determination. When the investigation involves a child foster care setting that is
monitored by a private licensing agency under section 245A.16, the local welfare agency
responsible for assessing or investigating the report shall notify the private licensing
agency of the determination and shall provide a summary of the specific reasons for
the determination. The notice to the private licensing agency must include identifying
private data, but not the identity of the reporter of maltreatment. The notice must also
include a certification that the information collection procedures under subdivision 10,
paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to
obtain access to other private data on the subject collected, created, or maintained under
this section. In addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. The investigating agency shall notify the parent or guardian
of the child who is the subject of the report, and any person or facility determined to
have maltreated a child, of their appeal or review rights under this section deleted text beginor section
256.022
deleted text end. The notice must also state that a finding of maltreatment may result in denial of a
license application or background study disqualification under chapter 245C related to
employment or services that are licensed by the Department of Human Services under
chapter 245A, the Department of Health under chapter 144 or 144A, the Department of
Corrections under section 241.021, and from providing services related to an unlicensed
personal care provider organization under chapter 256B.

Sec. 49.

Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:


Subd. 10i.

Administrative reconsideration; review panel.

(a) Administrative
reconsideration is not applicable in family assessments since no determination concerning
maltreatment is made. For investigations, except as provided under paragraph (e), an
individual or facility that the commissioner of human services, a local social service
agency, or the commissioner of education determines has maltreated a child, an interested
person acting on behalf of the child, regardless of the determination, who contests
the investigating agency's final determination regarding maltreatment, may request the
investigating agency to reconsider its final determination regarding maltreatment. The
request for reconsideration must be submitted in writing to the investigating agency within
15 calendar days after receipt of notice of the final determination regarding maltreatment
or, if the request is made by an interested person who is not entitled to notice, within
15 days after receipt of the notice by the parent or guardian of the child. If mailed, the
request for reconsideration must be postmarked and sent to the investigating agency
within 15 calendar days of the individual's or facility's receipt of the final determination. If
the request for reconsideration is made by personal service, it must be received by the
investigating agency within 15 calendar days after the individual's or facility's receipt of the
final determination. Effective January 1, 2002, an individual who was determined to have
maltreated a child under this section and who was disqualified on the basis of serious or
recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
of the maltreatment determination and the disqualification. The request for reconsideration
of the maltreatment determination and the disqualification must be submitted within 30
calendar days of the individual's receipt of the notice of disqualification under sections
245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
determination and the disqualification must be postmarked and sent to the investigating
agency within 30 calendar days of the individual's receipt of the maltreatment
determination and notice of disqualification. If the request for reconsideration is made by
personal service, it must be received by the investigating agency within 30 calendar days
after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the investigating agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under section
256.045 may submit to the commissioner of human services or the commissioner of
education a written request for a hearing under that section. Section 256.045 also governs
hearings requested to contest a final determination of the commissioner of education. deleted text beginFor
reports involving maltreatment of a child in a facility, an interested person acting on behalf
of the child may request a review by the Child Maltreatment Review Panel under section
256.022 if the investigating agency denies the request or fails to act upon the request or
if the interested person contests a reconsidered determination.
deleted text end The investigating agency
shall notify persons who request reconsideration of their rights under this paragraph.
The request must be submitted in writing to the review panel and a copy sent to the
investigating agency within 30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The request must specifically
identify the aspects of the agency determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the investigating agency changes
the final determination of maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.

(d) Except as provided under paragraph (f), if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human services shall assure that the
hearing is conducted and a decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended for as many days as the
hearing is postponed or the record is held open for the benefit of either party.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on
the basis of a determination of maltreatment, which was serious or recurring, and
the individual has requested reconsideration of the maltreatment determination under
paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
disqualification shall be consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied and the individual remains disqualified
following a reconsideration decision, the individual may request a fair hearing under
section 256.045. If an individual requests a fair hearing on the maltreatment determination
and the disqualification, the scope of the fair hearing shall include both the maltreatment
determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, subdivision 2a, the scope of the contested case hearing shall
include the maltreatment determination, disqualification, and licensing sanction or denial
of a license. In such cases, a fair hearing regarding the maltreatment determination and
disqualification shall not be conducted under section 256.045. Except for family child
care and child foster care, reconsideration of a maltreatment determination as provided
under this subdivision, and reconsideration of a disqualification as provided under section
245C.22, shall also not be conducted when:

(1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under chapter 245C, the hearings of all
parties may be consolidated into a single contested case hearing upon consent of all parties
and the administrative law judge.

(g) For purposes of this subdivision, "interested person acting on behalf of the
child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
determined to be the perpetrator of the maltreatment.

Sec. 50.

Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read:


Subd. 11.

Records.

(a) Except as provided in paragraph (b) deleted text beginor (d)deleted text end and subdivisions
10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare
agency or agency responsible for assessing or investigating the report under this
section, including any written reports filed under subdivision 7, shall be private data on
individuals, except insofar as copies of reports are required by subdivision 7 to be sent to
the local police department or the county sheriff. All records concerning determinations
of maltreatment by a facility are nonpublic data as maintained by the Department of
Education, except insofar as copies of reports are required by subdivision 7 to be sent
to the local police department or the county sheriff. Reports maintained by any police
department or the county sheriff shall be private data on individuals except the reports
shall be made available to the investigating, petitioning, or prosecuting authority, including
county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14,
apply to law enforcement data other than the reports. The local social services agency or
agency responsible for assessing or investigating the report shall make available to the
investigating, petitioning, or prosecuting authority, including county medical examiners or
county coroners or their professional delegates, any records which contain information
relating to a specific incident of neglect or abuse which is under investigation, petition, or
prosecution and information relating to any prior incidents of neglect or abuse involving
any of the same persons. The records shall be collected and maintained in accordance with
the provisions of chapter 13. In conducting investigations and assessments pursuant to
this section, the notice required by section 13.04, subdivision 2, need not be provided to a
minor under the age of ten who is the alleged victim of abuse or neglect. An individual
subject of a record shall have access to the record in accordance with those sections,
except that the name of the reporter shall be confidential while the report is under
assessment or investigation except as otherwise permitted by this subdivision. Any person
conducting an investigation or assessment under this section who intentionally discloses
the identity of a reporter prior to the completion of the investigation or assessment is
guilty of a misdemeanor. After the assessment or investigation is completed, the name of
the reporter shall be confidential. The subject of the report may compel disclosure of the
name of the reporter only with the consent of the reporter or upon a written finding by
the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under
this section must be released to the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall maintain the data in accordance
with chapter 13.

(c) The commissioner of education must be provided with all requested data that are
relevant to a report of maltreatment and are in possession of a school facility as defined
in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or
investigation of a maltreatment report of a student in a school. If the commissioner of
education makes a determination of maltreatment involving an individual performing
work within a school facility who is licensed by a board or other agency, the commissioner
shall provide necessary and relevant information to the licensing entity to enable the
entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data
received by a licensing entity under this paragraph are governed by section 13.41 or other
applicable law governing data of the receiving entity, except that this section applies to the
classification of and access to data on the reporter of the maltreatment.

deleted text begin (d) The investigating agency shall exchange not public data with the Child
Maltreatment Review Panel under section 256.022 if the data are pertinent and necessary
for a review requested under section 256.022. Upon completion of the review, the not
public data received by the review panel must be returned to the investigating agency.
deleted text end

Sec. 51. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256.022, new text end new text begin is repealed.
new text end

Sec. 52. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 2, 2012.
new text end

ARTICLE 2

SAFE PLACE FOR NEWBORNS

Section 1.

Minnesota Statutes 2010, section 145.902, is amended to read:


145.902 new text beginGIVE LIFE A CHANCE; new text endSAFE PLACE FOR NEWBORNSdeleted text begin;
HOSPITAL
deleted text end DUTIES; IMMUNITY.

Subdivision 1.

General.

(a) new text beginFor purposes of this section, a "safe place" means a
hospital licensed under sections 144.50 to 144.56, a health care provider who provides
urgent care medical services, or an ambulance service licensed under chapter 144E
dispatched in response to a 911 call from a mother or a person with the mother's
permission to relinquish a newborn infant.
new text end

new text begin (b) new text endA deleted text beginhospital licensed under sections 144.50 to 144.56deleted text end new text beginsafe place new text endshall receive a
newborn left with deleted text begina hospitaldeleted text endnew text begin annew text end employee on the deleted text beginhospitaldeleted text end premisesnew text begin of the safe place during
its hours of operation
new text end, provided that:

(1) the newborn was born within deleted text begin72 hoursdeleted text endnew text begin seven daysnew text end of being left at the deleted text beginhospitaldeleted text endnew text begin
safe place
new text end, as determined within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

deleted text begin (b)deleted text endnew text begin (c)new text end The deleted text beginhospitaldeleted text endnew text begin safe placenew text end must not inquire as to the identity of the mother or the
person leaving the newborn or call the police, provided the newborn is unharmed when
presented to the hospital. The deleted text beginhospitaldeleted text endnew text begin safe placenew text end may ask the mother or the person leaving
the newborn about the medical history of the mother or newborn but the mother or the
person leaving the newborn is not required to provide any information. The deleted text beginhospitaldeleted text endnew text begin safe
place
new text end may provide the mother or the person leaving the newborn with information about
how to contact relevant social service agencies.

new text begin (d) A safe place that is a health care provider who provides urgent care medical
services shall dial 911, advise the dispatcher that the call is being made from a safe place
for newborns, and ask the dispatcher to send an ambulance or take other appropriate action
to transport the newborn to a hospital. An ambulance with whom a newborn is left shall
transport the newborn to a hospital for care. Hospitals must receive a newborn left with a
safe place and make the report as required in subdivision 2.
new text end

Subd. 2.

Reporting.

Within 24 hours of receiving a newborn under this section,
the hospital must inform the deleted text beginlocal welfare agencydeleted text endnew text begin responsible social service agencynew text end that
a newborn has been left at the hospital, but must not do so deleted text beginbeforedeleted text endnew text begin in the presence ofnew text end
the mother or the person leaving the newborn deleted text beginleaves the hospitaldeleted text end.new text begin The hospital must
provide necessary care to the newborn pending assumption of legal responsibility by the
responsible social services agency pursuant to section 260C.217, subdivision 4.
new text end

Subd. 3.

Immunity.

(a) A deleted text beginhospitaldeleted text endnew text begin safe placenew text end with responsibility for performing
duties under this section, and any employee, doctor, new text beginambulance personnel, new text endor other
medical professional working at the deleted text beginhospitaldeleted text endnew text begin safe placenew text end, are immune from any criminal
liability that otherwise might result from their actions, if they are acting in good faith in
receiving a newborn, and are immune from any civil liability that otherwise might result
from merely receiving a newborn.

(b) A deleted text beginhospitaldeleted text endnew text begin safe placenew text end performing duties under this section, or an employee,
doctor, new text beginambulance personnel, new text endor other medical professional working at the deleted text beginhospitaldeleted text endnew text begin safe
place
new text end who is a mandated reporter under section 626.556, is immune from any criminal
or civil liability that otherwise might result from the failure to make a report under that
section if the person is acting in good faith in complying with this section.

Sec. 2.

Minnesota Statutes 2010, section 260C.217, is amended to read:


260C.217 new text beginGIVE LIFE A CHANCE; new text endSAFE PLACE FOR NEWBORNS.

Subdivision 1.

Duty to attempt reunification, duty to search for relatives, and
preferences not applicable.

A deleted text beginlocaldeleted text endnew text begin responsiblenew text end social service agency deleted text begintaking custody ofdeleted text end
new text begin with responsibility fornew text end a child deleted text beginafter discharge from a hospital that received a child under
section 145.902
deleted text endnew text begin pursuant to subdivision 4,new text end is not required to attempt to reunify the child
with the child's parents. Additionally, the agency is not required to search for relatives
of the child as a placement or permanency option under section 260C.212, subdivision
5
, or to implement other placement requirements that give a preference to relatives if
the agency does not have information as to the identity of the child, the child's mother,
or the child's father.

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "safe place" has the meaning
given in section 145.902.
new text end

Subd. 2.

Status of child.

For purposes of proceedings under this chapter and
adoption proceedings, a newborn left at a deleted text beginhospital underdeleted text endnew text begin safe place, pursuant to subdivision
3 and
new text end section 145.902new text begin,new text end is considered an abandoned childnew text begin under section 626.556,
subdivision 2, paragraph (c), clause (3). The child is abandoned under sections 260C.007,
subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph (b), clause (1)
new text end.

new text begin Subd. 3. new text end

new text begin Relinquishment of a newborn. new text end

new text begin A mother or any person, with the mother's
permission, may bring a newborn infant to a safe place during its hours of operation and
leave the infant in the care of an employee of the safe place. The mother or a person
with the mother's permission may call 911 to request to have an ambulance dispatched
to an agreed-upon location to relinquish a newborn infant into the custody of ambulance
personnel.
new text end

new text begin Subd. 4. new text end

new text begin Placement of the newborn. new text end

new text begin The agency contacted by a safe place pursuant
to section 145.902, subdivision 2, shall have legal responsibility for the placement of
the newborn infant in foster care for 72 hours during which time the agency shall file a
petition under section 260C.141 and ask the court to order continued placement of the
child in foster care. The agency shall immediately begin planning for adoptive placement
of the newborn.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.3785, is amended to read:


609.3785 UNHARMED NEWBORNS LEFT AT deleted text beginHOSPITALSdeleted text endnew text begin A SAFE
PLACE
new text end; AVOIDANCE OF PROSECUTION.

A person may leave a newborn with deleted text begina hospitaldeleted text endnew text begin annew text end employee at a deleted text beginhospitaldeleted text endnew text begin safe place,
as defined in section 145.902,
new text end in this statenew text begin, pursuant to section 260C.217, subdivision 3,new text end
without being subjected to prosecution for that act, provided that:

(1) the newborn was born within deleted text begin72 hoursdeleted text endnew text begin seven daysnew text end of being left at the deleted text beginhospitaldeleted text endnew text begin
safe place
new text end, as determined within a reasonable degree of medical certainty;

(2) the newborn is left in an unharmed condition; and

(3) in cases where the person leaving the newborn is not the newborn's mother, the
person has the mother's approval to do so.

ARTICLE 3

ADOPTION ASSISTANCE

Section 1.

new text begin [259A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms defined in this
section have the meanings given them except as otherwise indicated by the context.
new text end

new text begin Subd. 2. new text end

new text begin Adoption assistance. new text end

new text begin "Adoption assistance" means medical coverage and
reimbursement of nonrecurring adoption expenses, and may also include financial support
and reimbursement for specific nonmedical expenses provided under agreement with the
parent of an adoptive child who would otherwise remain in foster care and whose special
needs would otherwise make it difficult to place the child for adoption. Financial support
may include a basic maintenance payment and a supplemental needs payment.
new text end

new text begin Subd. 3. new text end

new text begin Adoptive parent. new text end

new text begin "Adoptive parent" means the adult who has been
made the legal parent of a child through a court-ordered adoption decree or a customary
adoption through tribal court.
new text end

new text begin Subd. 4. new text end

new text begin AFDC. new text end

new text begin "AFDC" means the aid to families with dependent children
program under sections 256.741, 256.82, and 256.87.
new text end

new text begin Subd. 5. new text end

new text begin Assessment. new text end

new text begin "Assessment" means the process by which the child-placing
agency determines the benefits an eligible child may receive under this chapter.
new text end

new text begin Subd. 6. new text end

new text begin At-risk child. new text end

new text begin "At-risk child" means a child who does not have a
documented disability but who is at risk of developing a physical, mental, emotional, or
behavioral disability based on being related within the first or second degree to persons
who have an inheritable physical, mental, emotional, or behavioral disabling condition, or
from a background that has the potential to cause the child to develop a physical, mental,
emotional, or behavioral disability that the child is at risk of developing. The disability
must manifest during childhood.
new text end

new text begin Subd. 7. new text end

new text begin Basic maintenance payment. new text end

new text begin "Basic maintenance payment" means
the maintenance payment made on behalf of a child to support the costs an adoptive
parent incurs to meet a child's needs consistent with the care parents customarily provide,
including: food, clothing, shelter, daily supervision, school supplies, and a child's personal
incidentals. It also supports reasonable travel to participate in face-to-face visitation
between child and birth relatives, including siblings.
new text end

new text begin Subd. 8. new text end

new text begin Child. new text end

new text begin "Child" means an individual under 18 years of age. For purposes
of this chapter, child also includes individuals up to age 21 who have approved adoption
assistance agreement extensions under section 259A.45, subdivision 1.
new text end

new text begin Subd. 9. new text end

new text begin Child-placing agency. new text end

new text begin "Child-placing agency" means a business,
organization, or department of government, including the responsible social services
agency or a federally recognized Minnesota tribe, designated or authorized by law
to place children for adoption and assigned legal responsibility for placement, care,
and supervision of the child through a court order, voluntary placement agreement, or
voluntary relinquishment.
new text end

new text begin Subd. 10. new text end

new text begin Child under guardianship of the commissioner of human services.
new text end

new text begin "Child under guardianship of the commissioner of human services" means a child the
court has ordered under the guardianship of the commissioner of human services pursuant
to section 260C.325.
new text end

new text begin Subd. 11. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or any employee of the Department of Human Services to whom the commissioner
has delegated authority regarding children under the commissioner's guardianship.
new text end

new text begin Subd. 12. new text end

new text begin Consent of parent to adoption under chapter 260C. new text end

new text begin "Consent of
parent to adoption under chapter 260C" means the consent executed pursuant to section
260C.515, subdivision 3.
new text end

new text begin Subd. 13. new text end

new text begin Department. new text end

new text begin "Department" means the Minnesota Department of Human
Services.
new text end

new text begin Subd. 14. new text end

new text begin Disability. new text end

new text begin "Disability" means a physical, mental, emotional, or
behavioral impairment that substantially limits one or more major life activities. Major
life activities include, but are not limited to: thinking, walking, hearing, breathing,
working, seeing, speaking, communicating, learning, developing and maintaining healthy
relationships, safely caring for oneself, and performing manual tasks. The nature, duration,
and severity of the impairment shall be used in determining if the limitation is substantial.
new text end

new text begin Subd. 15. new text end

new text begin Foster care. new text end

new text begin "Foster care" has the meaning given in section 260C.007,
subdivision 18.
new text end

new text begin Subd. 16. new text end

new text begin Guardian. new text end

new text begin "Guardian" means an adult who is appointed pursuant to
section 260C.325. For a child under guardianship of the commissioner, the child's
guardian is the commissioner of human services.
new text end

new text begin Subd. 17. new text end

new text begin Guardianship. new text end

new text begin "Guardianship" means the court-ordered rights and
responsibilities of the guardian of a child and includes legal custody of the child.
new text end

new text begin Subd. 18. new text end

new text begin Indian child. new text end

new text begin "Indian child" has the meaning given in section 260.755,
subdivision 8.
new text end

new text begin Subd. 19. new text end

new text begin Legal custodian. new text end

new text begin "Legal custodian" means a person to whom permanent
legal and physical custody of a child has been transferred under chapter 260C, or for
children under tribal court jurisdiction, a similar provision under tribal code which means
that the individual responsible for the child has responsibility for the protection, education,
care, and control of the child and decision making on behalf of the child.
new text end

new text begin Subd. 20. new text end

new text begin Medical assistance. new text end

new text begin "Medical assistance" means Minnesota's
implementation of the federal Medicaid program.
new text end

new text begin Subd. 21. new text end

new text begin Parent. new text end

new text begin "Parent" has the meaning given in section 257.52. Parent does
not mean a putative father of a child unless the putative father also meets the requirements
of section 257.55 or unless the putative father is entitled to notice under section 259.49,
subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any
Indian person who has adopted a child by tribal law or custom, as provided in section
260.755, subdivision 14, and does not include the unwed father where paternity has not
been acknowledged or established.
new text end

new text begin Subd. 22. new text end

new text begin Permanent legal and physical custody. new text end

new text begin "Permanent legal and physical
custody" means permanent legal and physical custody ordered by a Minnesota court under
section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar
provision under tribal code which means that the individual with permanent legal and
physical custody of the child has responsibility for the protection, education, care, and
control of the child and decision making on behalf of the child.
new text end

new text begin Subd. 23. new text end

new text begin Preadoptive parent. new text end

new text begin "Preadoptive parent" means an adult who is caring
for a child in an adoptive placement, but where the court has not yet ordered a final decree
of adoption making the adult the legal parent of the child.
new text end

new text begin Subd. 24. new text end

new text begin Reassessment. new text end

new text begin "Reassessment" means an update of a previous assessment
through the process under this chapter completed for a child who has been continuously
eligible for this benefit.
new text end

new text begin Subd. 25. new text end

new text begin Relative. new text end

new text begin "Relative" means a person related to the child by blood,
marriage, or adoption, or an individual who is an important friend with whom the child has
resided or had significant contact. For an Indian child, relative includes members of the
extended family as defined by law or custom of the Indian child's tribe, or, in the absence
of law or custom, shall be a person who has reached the age of 18 and who is the Indian
child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece
or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1903.
new text end

new text begin Subd. 26. new text end

new text begin Relative search. new text end

new text begin "Relative search" means the search that is required
under section 260C.212, subdivision 5.
new text end

new text begin Subd. 27. new text end

new text begin Sibling. new text end

new text begin "Sibling" has the meaning given in section 260C.007,
subdivision 32.
new text end

new text begin Subd. 28. new text end

new text begin Social and medical history. new text end

new text begin "Social and medical history" means the
document, on a form or forms prescribed by the commissioner, that contains a child's
genetic, medical, and family background as well as the history and current status of a
child's physical and mental health, behavior, demeanor, foster care placements, education,
and family relationships and has the same meaning as the history required under sections
259.43 and 260C.609.
new text end

new text begin Subd. 29. new text end

new text begin Supplemental needs payment. new text end

new text begin "Supplemental needs payment"
means the payment which is negotiated with the adoptive parent for a child who has a
documented physical, mental, emotional, or behavioral disability. The payment is made
based on the requirements associated with parenting duties to nurture the child, preserve
the child's connections, and support the child's functioning in the home.
new text end

new text begin Subd. 30. new text end

new text begin Termination of parental rights. new text end

new text begin "Termination of parental rights" means
a court order that severs all rights, powers, privileges, immunities, duties, and obligations,
including any rights to custody, control, visitation, or support, existing between a parent
and child. For an Indian child who is a ward of tribal court, termination of parental rights
means any action resulting in the termination or suspension of the parent-child relationship
when the tribe has made a judicial determination that the child cannot or should not be
returned to the home of the child's parent or parents.
new text end

Sec. 2.

new text begin [259A.05] PROGRAM ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Administration of title IV-E programs. new text end

new text begin The title IV-E Adoption
Assistance Program shall operate according to the requirements of United States Code,
title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
new text end

new text begin Subd. 2. new text end

new text begin Administration responsibilities. new text end

new text begin (a) AFDC relatedness is one eligibility
component of title IV-E adoption assistance. The AFDC relatedness determination shall be
made by an agency according to policies and procedures prescribed by the commissioner.
new text end

new text begin (b) Subject to commissioner approval, the child-placing agency shall certify a child's
eligibility for adoption assistance in writing on the forms prescribed by the commissioner
according to section 259A.15.
new text end

new text begin (c) Children who meet all eligibility criteria except those specific to title IV-E, shall
receive adoption assistance paid through state funds.
new text end

new text begin (d) The child-placing agency is responsible for assisting the commissioner with
the administration of the adoption assistance program by conducting assessments,
reassessments, negotiations, and other activities as specified by the requirements and
procedures prescribed by the commissioner.
new text end

new text begin (e) The child-placing agency shall notify an adoptive parent of a child's eligibility for
Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the
adoptive parent to the appropriate social service agency in the parent's county of residence
that administers medical assistance. The child-placing agency shall inform the adoptive
parent of the requirement to comply with the rules of the applicable Medicaid program.
new text end

new text begin Subd. 3. new text end

new text begin Procedures, requirements, and deadlines. new text end

new text begin The commissioner shall
specify procedures, requirements, and deadlines for the administration of adoption
assistance in accordance with this section.
new text end

new text begin Subd. 4. new text end

new text begin Promotion of programs. new text end

new text begin (a) Parents who adopt children with special
needs must be informed of the adoption tax credit.
new text end

new text begin (b) The commissioner shall actively seek ways to promote the adoption assistance
program, including informing prospective adoptive parents of eligible children under
guardianship of the commissioner and the availability of adoption assistance.
new text end

Sec. 3.

new text begin [259A.10] ELIGIBILITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General eligibility requirements. new text end

new text begin (a) To be eligible for adoption
assistance, a child must:
new text end

new text begin (1) be determined to be a child with special needs, according to subdivision 2;
new text end

new text begin (2) meet the applicable citizenship and immigration requirements in subdivision
3; and
new text end

new text begin (3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
new text end

new text begin (ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribal social service agency and be a child under the
guardianship of the commissioner or a ward of tribal court.
new text end

new text begin (b) In addition to the requirements in paragraph (a), the child's adoptive parents must
meet the applicable background study requirements outlined in subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Special needs determination. new text end

new text begin (a) A child is considered a child with
special needs under this section if all of the requirements in paragraphs (b) to (g) are met.
new text end

new text begin (b) There has been a determination that the child cannot or should not be returned to
the home of the child's parents as evidenced by:
new text end

new text begin (1) court-ordered termination of parental rights;
new text end

new text begin (2) petition to terminate parental rights;
new text end

new text begin (3) consent of parent to adoption accepted by the court under chapter 260C;
new text end

new text begin (4) in circumstances where tribal law permits the child to be adopted without a
termination of parental rights, a judicial determination by tribal court indicating the valid
reason why the child cannot or should not return home;
new text end

new text begin (5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment
occurred in another state, the applicable laws in that state; or
new text end

new text begin (6) death of the legal parent, or parents if the child has two legal parents.
new text end

new text begin (c) There exists a specific factor or condition because of which it is reasonable to
conclude that the child cannot be placed with adoptive parents without providing adoption
assistance as evidenced by:
new text end

new text begin (1) determination by the Social Security Administration that the child meets all
medical or disability requirements of title XVI of the Social Security Act with respect to
eligibility for Supplemental Security Income benefits;
new text end

new text begin (2) documented physical, mental, emotional, or behavioral disability not covered
under clause (1);
new text end

new text begin (3) a member in a sibling group being adopted at the same time by the same parent;
new text end

new text begin (4) adoptive placement in the home of a parent who previously adopted a sibling for
whom they receive adoption assistance; or
new text end

new text begin (5) documentation that the child is an at-risk child.
new text end

new text begin (d) A reasonable but unsuccessful effort was made to place the child with adoptive
parents without providing adoption assistance as evidenced by:
new text end

new text begin (1) a documented search for an appropriate adoptive placement; or
new text end

new text begin (2) determination by the commissioner that a search under clause (1) is not in the
best interests of the child.
new text end

new text begin (e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the State Adoption
Exchange and other recruitment methods under paragraph (f), must be waived if:
new text end

new text begin (1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;
new text end

new text begin (2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in their care as a foster child and it is determined by
the child-placing agency that adoption by the foster parent is in the best interests of the
child; or
new text end

new text begin (3) the child is being adopted by a parent that previously adopted a sibling of the
child, and it is determined by the child-placing agency that adoption by this parent is
in the best interests of the child.
new text end

new text begin When the Indian Child Welfare Act applies, a waiver must not be granted unless the
child-placing agency has complied with the placement preferences required by the Indian
Child Welfare Act according to United States Code, title 25, section 1915(a).
new text end

new text begin (f) To meet the requirement of a documented search for an appropriate adoptive
placement under paragraph (d), clause (1), the child-placing agency minimally must:
new text end

new text begin (1) conduct a relative search as required by section 260C.212, subdivision 5, and give
consideration to placement with a relative as required by section 260C.212, subdivision 2;
new text end

new text begin (2) comply with the adoptive placement preferences required under the Indian Child
Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section
1915(a), applies;
new text end

new text begin (3) locate prospective adoptive families by registering the child on the State
Adoption Exchange, as required under section 259.75; and
new text end

new text begin (4) if registration with the State Adoption Exchange does not result in the
identification of an appropriate adoptive placement, the agency must employ additional
recruitment methods, as outlined in requirements and procedures prescribed by the
commissioner.
new text end

new text begin (g) Once the child-placing agency has determined that placement with an identified
parent is in the child's best interest and has made full written disclosure about the child's
social and medical history, the agency must ask the prospective adoptive parent if they are
willing to adopt the child without adoption assistance. If the identified parent is either
unwilling or unable to adopt the child without adoption assistance, the child-placing
agency must provide documentation as prescribed by the commissioner to fulfill the
requirement to make a reasonable effort to place the child without adoption assistance. If
the identified parent desires to adopt the child without adoption assistance, the parent must
provide a written statement to this effect to the child-placing agency and the statement must
be maintained in the permanent adoption record of the child-placing agency. For children
under guardianship of the commissioner, the child-placing agency shall submit a copy of
this statement to the commissioner to be maintained in the permanent adoption record.
new text end

new text begin Subd. 3. new text end

new text begin Citizenship and immigration status. new text end

new text begin (a) A child must be a citizen of the
United States or otherwise eligible for federal public benefits according to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to
be eligible for the title IV-E Adoption Assistance Program.
new text end

new text begin (b) A child must be a citizen of the United States or meet the qualified alien
requirements as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption
assistance.
new text end

new text begin Subd. 4. new text end

new text begin Background study. new text end

new text begin (a) A background study under section 259.41 must be
completed on each prospective adoptive parent. An adoptive parent is prohibited from
receiving adoption assistance on behalf of an otherwise eligible child if the background
study reveals:
new text end

new text begin (1) a felony conviction at any time for:
new text end

new text begin (i) child abuse or neglect;
new text end

new text begin (ii) spousal abuse;
new text end

new text begin (iii) a crime against children, including child pornography; or
new text end

new text begin (iv) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery; or
new text end

new text begin (2) a felony conviction within the past five years for:
new text end

new text begin (i) physical assault;
new text end

new text begin (ii) battery; or
new text end

new text begin (iii) a drug-related offense.
new text end

new text begin Subd. 5. new text end

new text begin Responsibility for determining adoption assistance eligibility. new text end

new text begin The
state will determine eligibility for:
new text end

new text begin (1) a Minnesota child under the guardianship of the commissioner who would
otherwise remain in foster care;
new text end

new text begin (2) a child who is not under the guardianship of the commissioner who meets title
IV-E eligibility defined in section 473 of the Social Security Act and no state agency has
legal responsibility for placement and care of the child;
new text end

new text begin (3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster
care; and
new text end

new text begin (4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined
in section 473 of the Social Security Act. The agency or entity assuming responsibility for
the child is responsible for the nonfederal share of the adoption assistance payment.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin The commissioner shall not enter into an adoption assistance
agreement with:
new text end

new text begin (1) a child's biological parent or stepparent;
new text end

new text begin (2) a child's relative, according to section 260C.007, subdivision 27, with whom the
child resided immediately prior to child welfare involvement unless:
new text end

new text begin (i) the child was in the custody of a Minnesota county or tribal agency pursuant to
an order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and
new text end

new text begin (ii) the child is under guardianship of the commissioner of human services according
to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or
subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
termination of parental rights, suspension of parental rights, or a finding by the tribal court
that the child cannot safely return to the care of the parent;
new text end

new text begin (3) a child's legal custodian or guardian who is now adopting the child;
new text end

new text begin (4) an individual adopting a child who is the subject of a direct adoptive placement
under section 259.47 or the equivalent in tribal code; or
new text end

new text begin (5) an individual who is adopting a child who is not a citizen or resident of the
United States and was either adopted in another country or brought to this country for
the purposes of adoption.
new text end

Sec. 4.

new text begin [259A.15] ESTABLISHMENT OF ADOPTION ASSISTANCE
ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Adoption assistance certification. new text end

new text begin (a) The child-placing agency
shall certify a child as eligible for adoption assistance according to requirements and
procedures, and on forms prescribed by the commissioner. Documentation from a
qualified expert must be provided to verify that a child meets the special needs criteria in
section 259A.10, subdivision 2.
new text end

new text begin (b) Expert documentation of a disability is limited to evidence deemed appropriate
by the commissioner and must be submitted with the certification. Examples of appropriate
documentation include, but are not limited to, medical records, psychological assessments,
educational or early childhood evaluations, court findings, and social and medical history.
new text end

new text begin (c) Documentation that the child is an at-risk child must be submitted according to
requirements and procedures prescribed by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Adoption assistance agreement. new text end

new text begin (a) An adoption assistance agreement
is a binding contract between the adopting parent, the child-placing agency, and the
commissioner. The agreement outlines the benefits to be provided on behalf of an eligible
child.
new text end

new text begin (b) In order to receive adoption assistance benefits, a written agreement on a form
prescribed by the commissioner must be signed by the parent, an approved representative
from the child-placing agency, and the commissioner prior to the effective date of the
adoption decree. No later than 30 days after the parent is approved for the adoptive
placement, the agreement must be negotiated with the parent as required in section
259A.25, subdivision 1. Adoption assistance must be approved or denied by the
commissioner no later than 15 business days after the receipt of a complete adoption
assistance application prescribed by the commissioner. A fully executed copy of the
signed agreement must be given to each party. Termination or disruption of the adoptive
placement preceding adoption finalization makes the agreement with that parent void.
new text end

new text begin (c) The agreement must specify the following:
new text end

new text begin (1) duration of the agreement;
new text end

new text begin (2) the nature and amount of any payment, services, and assistance to be provided
under the agreement;
new text end

new text begin (3) the child's eligibility for Medicaid services;
new text end

new text begin (4) the terms of the payment;
new text end

new text begin (5) eligibility for reimbursement of nonrecurring expenses associated with adopting
the child, to the extent that the total cost does not exceed $2,000 per child;
new text end

new text begin (6) that the agreement will remain in effect regardless of the state in which the
adoptive parent resides at any given time;
new text end

new text begin (7) provisions for modification of the terms of the agreement; and
new text end

new text begin (8) the effective date of the agreement.
new text end

new text begin (d) The agreement is effective on the date of the adoption decree.
new text end

new text begin Subd. 3. new text end

new text begin Assessment tool. new text end

new text begin An assessment tool prescribed by the commissioner
must be completed for any child who has a documented disability that necessitates care,
supervision, and structure beyond that ordinarily provided in a family setting to children
of the same age. This assessment tool must be submitted with the adoption assistance
certification and establishes eligibility for the amount of assistance requested.
new text end

Sec. 5.

new text begin [259A.20] BENEFITS AND PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General information. new text end

new text begin (a) Payments to parents under adoption
assistance must be made monthly.
new text end

new text begin (b) Payments must commence when the commissioner receives the adoption decree
from the court, the child-placing agency, or the parent. Payments must be made according
to requirements and procedures prescribed by the commissioner.
new text end

new text begin (c) Payments shall only be made to the adoptive parent specified on the agreement.
If there is more than one adoptive parent, both parties must be listed as the payee unless
otherwise specified in writing according to requirements and procedures prescribed by
the commissioner.
new text end

new text begin (d) Payment must be considered income and resource attributable to the child.
Payment must not be assigned or transferred to another party. Payment is exempt from
garnishment, except as permissible under the laws of the state where the child resides.
new text end

new text begin Subd. 2. new text end

new text begin Medical assistance eligibility. new text end

new text begin Eligibility for medical assistance for
children receiving adoption assistance is as specified in section 256B.055.
new text end

new text begin Subd. 3. new text end

new text begin Payments. new text end

new text begin (a) The basic maintenance payments must be made according
to the following schedule for all children except those eligible for adoption assistance
based on being an at-risk child:
new text end

new text begin Birth through age five
new text end
new text begin up to $247 per month
new text end
new text begin Age six through age 11
new text end
new text begin up to $277 per month
new text end
new text begin Age 12 through age 14
new text end
new text begin up to $307 per month
new text end
new text begin Age 15 and older
new text end
new text begin up to $337 per month
new text end

new text begin A child must receive the maximum payment amount for the child's age, unless a
lesser amount is negotiated with and agreed to by the prospective adoptive parent.
new text end

new text begin (b) Supplemental needs payments, in addition to basic maintenance payments, are
available based on the severity of a child's disability and the level of parenting required to
care for the child, and must be made according to the following amounts:
new text end

new text begin Level I
new text end
new text begin up to $150 per month
new text end
new text begin Level II
new text end
new text begin up to $275 per month
new text end
new text begin Level III
new text end
new text begin up to $400 per month
new text end
new text begin Level IV
new text end
new text begin up to $500 per month
new text end

new text begin A child's level shall be assessed on an assessment tool prescribed by the
commissioner. A child must receive the maximum payment for the child's assessed level,
unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent.
new text end

new text begin Subd. 4. new text end

new text begin Reimbursement for special nonmedical expenses. new text end

new text begin (a) Reimbursement
for special nonmedical expenses is available to children, except those eligible for adoption
assistance based on being an at-risk child.
new text end

new text begin (b) Reimbursements under this paragraph shall be made only after the adoptive
parent documents that the requested service was denied by the local social service agency,
community agencies, local school district, local public health department, the parent's
insurance provider, or the child's program. The denial must be for an eligible service or
qualified item under the program requirements of the applicable agency or organization.
new text end

new text begin (c) Reimbursements must be previously authorized, adhere to the requirements and
procedures prescribed by the commissioner, and be limited to:
new text end

new text begin (1) child care for a child age 12 and younger, or for a child age 13 or 14 who has
a documented disability that requires special instruction for and services by the child
care provider. Child care reimbursements may be made if all available adult caregivers
are employed or attending educational or vocational training programs. If a parent is
attending an educational or vocational training program, child care reimbursement is
limited to no more than the time necessary to complete the credit requirements for an
associate or baccalaureate degree as determined by the educational institution. Child
care reimbursement is not limited for an adoptive parent completing basic or remedial
education programs needed to prepare for postsecondary education or employment;
new text end

new text begin (2) respite care provided for the relief of the child's parent up to 504 hours of respite
care annually;
new text end

new text begin (3) camping up to 14 days per state fiscal year for a child to attend a special needs
camp. The camp must be accredited by the American Camp Association as a special needs
camp in order to be eligible for camp reimbursement;
new text end

new text begin (4) postadoption counseling to promote the child's integration into the adoptive
family that is provided by the placing agency during the first year following the date of the
adoption decree. Reimbursement is limited to 12 sessions of postadoption counseling;
new text end

new text begin (5) family counseling that is required to meet the child's special needs.
Reimbursement is limited to the prorated portion of the counseling fees allotted to the
family when the adoptive parent's health insurance or Medicaid pays for the child's
counseling but does not cover counseling for the rest of the family members;
new text end

new text begin (6) home modifications to accommodate the child's special needs upon which
eligibility for adoption assistance was approved. Reimbursement is limited to once every
five years per child;
new text end

new text begin (7) vehicle modifications to accommodate the child's special needs upon which
eligibility for adoption assistance was approved. Reimbursement is limited to once every
five years per family; and
new text end

new text begin (8) burial expenses up to $1,000, if the special needs, upon which eligibility for
adoption assistance was approved, resulted in the death of the child.
new text end

new text begin (d) The adoptive parent shall submit statements for expenses incurred between July
1 and June 30 of a given fiscal year to the state adoption assistance unit within 60 days
after the end of the fiscal year in order for reimbursement to occur.
new text end

Sec. 6.

new text begin [259A.25] DETERMINATION OF ADOPTION ASSISTANCE BENEFITS
AND PAYMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Negotiation of adoption assistance agreement. new text end

new text begin (a) A monthly
payment is provided as part of the adoption assistance agreement to support the care of
a child who has manifested special needs. The amount of the payment made on behalf
of a child eligible for adoption assistance is determined through negotiation between
the adoptive parent and the child-placing agency on behalf of the commissioner. The
negotiation shall take into consideration the circumstances of the adopting parent and the
needs of the child being adopted. The income of the adoptive parent must not be taken
into consideration when determining eligibility for adoption assistance or the amount of
the payments under section 259A.20. At the written request of the adoptive parent, the
amount of the payment in the agreement may be renegotiated when there is a change in
the child's needs or the family's circumstances.
new text end

new text begin (b) The adoption assistance agreement of a child who is identified as an at-risk child
must not include a monthly payment unless and until the potential disability upon which
the eligibility for the agreement was based has manifested during childhood.
new text end

new text begin Subd. 2. new text end

new text begin Renegotiation of adoption assistance agreement. new text end

new text begin (a) An adoptive
parent of a child with an adoption assistance agreement may request renegotiation of the
agreement when there is a change in the needs of the child or in the family's circumstances.
When an adoptive parent requests renegotiation of the agreement, a reassessment of the
child must be completed by: (1) the responsible social services agency in the child's county
of residence; or (2) the child-placing agency that facilitated the adoption when the child's
residence is out of state. If the reassessment indicates that the child's needs have changed,
the child-placing agency, on behalf of the commissioner and the parent, shall renegotiate
the agreement to include a payment of the level determined appropriate through the
reassessment process using the assessment tool prescribed by the commissioner according
to section 259A.15, subdivision 3. The agreement must not be renegotiated unless the
commissioner and the parent mutually agree to the changes. The effective date of any
renegotiated agreement must be determined according to requirements and procedures
prescribed by the commissioner.
new text end

new text begin (b) An adoptive parent of a child with an adoption assistance agreement based on
the child being an at-risk child may request renegotiation of the agreement to include a
monthly payment. The parent must have written documentation from a qualified expert
that the potential disability upon which eligibility for adoption assistance was approved
has manifested. Documentation of the disability must be limited to evidence deemed
appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of
the child must be conducted using an assessment tool prescribed by the commissioner
according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate
the agreement to include an appropriate monthly payment. The agreement must not be
renegotiated unless the commissioner and the adoptive parent mutually agree to the
changes. The effective date of any renegotiated agreement must be determined according
to requirements and procedures prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Child income or income attributable to the child. new text end

new text begin No income received
by a child will be considered in determining a child's adoption assistance payment
amount. If a child for whom a parent is receiving adoption assistance is also receiving
Supplemental Security Income (SSI) or Retirement, Survivors, Disability Insurance
(RSDI), the certifying agency shall inform the adoptive parent that the child's adoption
assistance must be reported to the Social Security Administration.
new text end

Sec. 7.

new text begin [259A.30] REPORTING RESPONSIBILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Notification of change. new text end

new text begin (a) An adoptive parent who has an adoption
assistance agreement shall keep the agency administering the program informed of
changes in status or circumstances that would make the child ineligible for the payments
or eligible for payments in a different amount.
new text end

new text begin (b) As long as the agreement is in effect, the adoptive parent agrees to notify the
agency administering the program in writing within 30 days of any of the following
changes:
new text end

new text begin (1) the child's or adoptive parent's legal name;
new text end

new text begin (2) the family's address;
new text end

new text begin (3) the child's legal custody status;
new text end

new text begin (4) the child's completion of high school, if this occurs after the child attains age 18;
new text end

new text begin (5) the end of an adoptive parent's legal responsibility to support the child based on:
termination of parental rights of the adoptive parent, transfer of guardianship to another
person, or transfer of permanent legal and physical custody to another person;
new text end

new text begin (6) the end of an adoptive parent's financial support of the child;
new text end

new text begin (7) the death of the child;
new text end

new text begin (8) the death of the adoptive parent;
new text end

new text begin (9) the child enlists in the military;
new text end

new text begin (10) the child gets married;
new text end

new text begin (11) the child becomes an emancipated minor through legal action;
new text end

new text begin (12) the adoptive parents separate or divorce;
new text end

new text begin (13) the child is residing outside the adoptive home for a period of more than 30
consecutive days; and
new text end

new text begin (14) the child's status upon which eligibility for extension under section 259A.45,
subdivision 2 or 3, was based.
new text end

new text begin Subd. 2. new text end

new text begin Correct and true information. new text end

new text begin If the adoptive parent reports information
the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner
of changes that may affect eligibility, or the agency administering the program receives
information the adoptive parent did not report, the adoptive parent may be investigated for
theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision
3, clauses (1) to (5).
new text end

Sec. 8.

new text begin [259A.35] TERMINATION OF AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Reasons for termination. new text end

new text begin (a) An adoption assistance agreement
shall terminate in any of the following circumstances:
new text end

new text begin (1) the child has attained the age of 18, or up to age 21, when the child meets a
condition for extension as outlined in section 259A.45, subdivision 1;
new text end

new text begin (2) the child has not attained the age of 18, but the commissioner determines the
adoptive parent is no longer legally responsible for support of the child;
new text end

new text begin (3) the commissioner determines the adoptive parent is no longer providing financial
support to the child up to age 21;
new text end

new text begin (4) the death of the child; or
new text end

new text begin (5) the adoptive parent requests in writing termination of the adoption assistance
agreement.
new text end

new text begin (b) An adoptive parent is considered no longer legally responsible for support of the
child in any of the following circumstances:
new text end

new text begin (1) parental rights to the child are legally terminated or a court accepted the parent's
consent to adoption under chapter 260C;
new text end

new text begin (2) permanent legal and physical custody or guardianship of the child is transferred
to another individual;
new text end

new text begin (3) death of adoptive parent;
new text end

new text begin (4) child enlists in the military;
new text end

new text begin (5) child gets married; or
new text end

new text begin (6) child is determined an emancipated minor through legal action.
new text end

new text begin Subd. 2. new text end

new text begin Death of adoptive parent or adoption dissolution. new text end

new text begin The adoption
assistance agreement ends upon death or termination of parental rights of both adoptive
parents in the case of a two-parent adoption, or the sole adoptive parent in the case of
a single-parent adoption. The child's adoption assistance eligibility may be continued
according to section 259A.40.
new text end

new text begin Subd. 3. new text end

new text begin Termination notice for parent. new text end

new text begin The commissioner shall provide the
child's parent written notice of termination of payment. Termination notices must be sent
according to the requirements and procedures prescribed by the commissioner.
new text end

Sec. 9.

new text begin [259A.40] ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Continuing child's eligibility for title IV-E adoption assistance
in a subsequent adoption.
new text end

new text begin (a) The child maintains eligibility for title IV-E adoption
assistance in a subsequent adoption if the following criteria are met:
new text end

new text begin (1) the child is determined to be a child with special needs as outlined in section
259A.10, subdivision 2; and
new text end

new text begin (2) the subsequent adoptive parent resides in Minnesota.
new text end

new text begin (b) If the child had a title IV-E adoption assistance agreement prior to the death of
the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent
resides outside of Minnesota, the state is not responsible for determining whether the child
meets the definition of special needs, entering into the adoption assistance agreement, and
making any adoption assistance payments outlined in the new agreement unless a state
agency in Minnesota has responsibility for placement and care of the child at the time of
the subsequent adoption. If there is no state agency in Minnesota that has responsibility
for placement and care of the child at the time of the subsequent adoption, it is the public
child welfare agency in the subsequent adoptive parent's residence that is responsible for
determining whether the child meets the definition of special needs and entering into the
adoption assistance agreement.
new text end

new text begin Subd. 2. new text end

new text begin Assigning a child's adoption assistance to a court-appointed guardian.
new text end

new text begin (a) State-funded adoption assistance may be continued with the written consent of the
commissioner to an individual who is a guardian appointed by a court for the child upon
the death of both the adoptive parents in the case of a two-parent adoption, or the sole
adoptive parent in the case of a single-parent adoption, unless the child is under the
custody of a child-placing agency.
new text end

new text begin (b) Temporary assignment of adoption assistance may be approved by the
commissioner for a maximum of six consecutive months from the death of the parent
or parents and must adhere to the requirements and procedures prescribed by the
commissioner. If, within six months, the child has not been adopted by a person agreed
upon by the commissioner, or if a court has not appointed a legal guardian under either
section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption
assistance shall terminate. Upon assignment of payments pursuant to this subdivision,
funding shall be from state funds only.
new text end

Sec. 10.

new text begin [259A.45] EXTENSION OF ADOPTION ASSISTANCE AGREEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) Under certain limited circumstances a
child may qualify for extension of the adoption assistance agreement beyond the date the
child attains age 18, up to the date the child attains the age of 21.
new text end

new text begin (b) A request for extension of the adoption assistance agreement must be completed
in writing and submitted, including all supporting documentation, by the adoptive parent
at least 60 calendar days prior to the date that the current agreement will terminate.
new text end

new text begin (c) A signed amendment to the current adoption assistance agreement must be
fully executed between the adoptive parent and the commissioner at least ten business
days prior to the termination of the current agreement. The request for extension and the
fully executed amendment must be made according to the requirements and procedures
prescribed by the commissioner, including documentation of eligibility, and on forms
prescribed by the commissioner.
new text end

new text begin (d) If a child-placing agency is certifying a child for adoption assistance and
the child will attain the age of 18 within 60 calendar days of submission, the request
for extension must be completed in writing and submitted, including all supporting
documentation, with the adoption assistance application.
new text end

new text begin Subd. 2. new text end

new text begin Extension past age 18 for child adopted after 16th birthday. new text end

new text begin A child
who has attained the age of 16 prior to finalization of the child's adoption is eligible for
extension of the adoption assistance agreement up to the date the child attains age 21
if the child is:
new text end

new text begin (1) dependent on the adoptive parent for care and financial support; and
new text end

new text begin (2)(i) completing a secondary education program or a program leading to an
equivalent credential;
new text end

new text begin (ii) enrolled in an institution that provides postsecondary or vocational education;
new text end

new text begin (iii) participating in a program or activity designed to promote or remove barriers to
employment;
new text end

new text begin (iv) employed for at least 80 hours per month; or
new text end

new text begin (v) incapable of doing any of the activities described in clauses (i) to (iv) due to
a medical condition where incapability is supported by documentation from an expert
according to the requirements and procedures prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Extension past age 18 for child adopted prior to 16th birthday. new text end

new text begin A child
who has not attained the age of 16 prior to finalization of the child's adoption is eligible
for extension of the adoption assistance agreement up to the date the child attains the
age of 21 if the child is:
new text end

new text begin (1) dependent on the adoptive parent for care and financial support; and
new text end

new text begin (2)(i) enrolled in a secondary education program or a program leading to the
equivalent; or
new text end

new text begin (ii) incapable of sustaining employment because of the continuation of a physical or
mental disability, upon which eligibility for adoption assistance was approved.
new text end

Sec. 11.

new text begin [259A.50] OVERPAYMENTS OF ADOPTION ASSISTANCE.
new text end

new text begin An amount of adoption assistance paid to an adoptive parent in excess of the
payment that was actually due is recoverable by the commissioner, even when the
overpayment was caused by agency error or circumstances outside the responsibility and
control of the parent or provider. Adoption assistance amounts covered by this section
include basic maintenance needs payments, monthly supplemental maintenance needs
payments, reimbursement of nonrecurring adoption expenses, reimbursement of special
nonmedical costs, and reimbursement of medical costs.
new text end

Sec. 12.

new text begin [259A.55] APPEALS AND FAIR HEARINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Appeals for denials, modifications, or terminations. new text end

new text begin An adoptive
parent or a prospective adoptive parent has the right to appeal to the commissioner under
section 256.045, for reasons including, but not limited to: when eligibility for adoption
assistance is denied, when a specific payment or reimbursement is modified or denied,
and when the agreement for an eligible child is terminated. A prospective adoptive parent
who disagrees with a decision by the commissioner prior to finalization of the adoption
may request review of the decision by the commissioner, or may appeal the decision
under section 256.045.
new text end

new text begin Subd. 2. new text end

new text begin Extenuating circumstances. new text end

new text begin (a) An adoption assistance agreement must
be signed and fully executed prior to the court order that finalizes the adoption. An
adoptive parent who believes that extenuating circumstances exist, as to why the adoption
was finalized prior to fully executing an adoption assistance agreement, may request
a fair hearing. The parent has the responsibility to prove the existence of extenuating
circumstances, such as:
new text end

new text begin (1) relevant facts regarding the child were known by the child-placing agency and
not presented to the parent prior to finalization of the adoption; or
new text end

new text begin (2) the child-placing agency failed to advise a potential parent about the availability
of adoption assistance for a child in the county-paid foster care system.
new text end

new text begin (b) If an appeals judge finds through the fair hearing process that extenuating
circumstances existed and that the child met all eligibility criteria at the time the adoption
was finalized, the effective date and any associated federal financial participation shall
be retroactive to the date of the request for a fair hearing.
new text end

Sec. 13.

new text begin [259A.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL
ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin It is the purpose and policy of the state of Minnesota to:
new text end

new text begin (1) enter into interstate agreements with agencies of other states to safeguard and
protect the interests of children covered by an adoption assistance agreement when they
are adopted across state lines or move to another state after adoption finalization; and
new text end

new text begin (2) provide a framework for uniformity and consistency in administrative procedures
when a child with special needs is adopted by a family in another state and for children
adopted in Minnesota who move to another state.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms defined in this
subdivision have the meanings given them, unless the context clearly indicates otherwise.
new text end

new text begin (a) "Adoption assistance state" means the state that certifies eligibility for Medicaid
in an adoption assistance agreement.
new text end

new text begin (b) "Resident state" means the state where the adopted child is a resident.
new text end

new text begin (c) "State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or a territory or possession of the
United States.
new text end

new text begin Subd. 3. new text end

new text begin Compacts authorized. new text end

new text begin The commissioner is authorized to develop,
negotiate, and enter into one or more interstate compacts on behalf of this state with other
states to implement Medicaid for children with adoption assistance agreements.
new text end

new text begin Subd. 4. new text end

new text begin Contents of compacts. new text end

new text begin (a) A compact must include:
new text end

new text begin (1) a provision allowing all states to join the compact;
new text end

new text begin (2) a provision for withdrawal from the compact upon written notice to the parties,
effective one year after the notice is provided;
new text end

new text begin (3) a requirement that the protections afforded under the compact continue in force
for the duration of the adoption assistance from a party state other than the one in which
the adopted child is a resident;
new text end

new text begin (4) a requirement that each instance of adoption assistance to which the compact
applies be covered by an adoption assistance agreement in writing between the adoptive
parent and the state child welfare agency of the state that provides the adoption assistance,
and that the agreement be expressly for the benefit of the adopted child and enforceable by
the adoptive parent and the state agency providing the adoption assistance; and
new text end

new text begin (5) other provisions necessary and appropriate for the proper administration of the
compact.
new text end

new text begin (b) A compact may contain provisions establishing requirements and entitlements to
medical, developmental, child care, or other social services for the child under state law,
even though the child and the adoptive parent are in a state other than the one responsible
for or providing the services or funds to pay part or all of the costs.
new text end

new text begin Subd. 5. new text end

new text begin Duties of commissioner of human services regarding medical
assistance.
new text end

new text begin (a) The commissioner of human services shall:
new text end

new text begin (1) provide Minnesota medical assistance for an adopted child who is title IV-E
eligible;
new text end

new text begin (2) provide Minnesota medical assistance for an adopted child who is not title IV-E
eligible who:
new text end

new text begin (i) was determined to have a special need for medical or rehabilitative care;
new text end

new text begin (ii) is living in another state; and
new text end

new text begin (iii) is covered by an adoption assistance agreement made by the commissioner for
medical coverage or benefits when the child is not eligible for Medicaid in the child's
residence state;
new text end

new text begin (3) consider the holder of a medical assistance identification card under this
subdivision as any other recipient of medical assistance under chapter 256B; and
new text end

new text begin (4) process and make payments on claims for the recipient in the same manner as
for other recipients of medical assistance.
new text end

new text begin (b) Coverage must be limited to providers authorized by Minnesota's medical
assistance program, and according to Minnesota's program requirements.
new text end

new text begin Subd. 6. new text end

new text begin Cooperation with Medicaid. new text end

new text begin The adoptive parent shall cooperate with
and abide by the Medicaid program requirements and procedures of the state which
provides medical coverage.
new text end

new text begin Subd. 7. new text end

new text begin Federal participation. new text end

new text begin The commissioner shall apply for and administer
all relevant aid in accordance with state and federal law.
new text end

Sec. 14.

new text begin [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION
EXPENSES.
new text end

new text begin (a) The commissioner of human services shall provide reimbursement to an adoptive
parent for costs incurred in an adoption of a child with special needs according to section
259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable
and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses
must directly relate to the legal adoption of the child, not be incurred in violation of state
or federal law, and must not have been reimbursed from other sources or funds.
new text end

new text begin (b) Children who have special needs but are not citizens or residents of the United
States and were either adopted in another country or brought to this country for the
purposes of adoption are categorically ineligible for this reimbursement program, except if
the child meets the eligibility criteria after the dissolution of the international adoption.
new text end

new text begin (c) An adoptive parent, in consultation with the responsible child-placing agency,
may request reimbursement of nonrecurring adoption expenses by submitting a complete
application, according to the requirements and procedures and on forms prescribed by
the commissioner.
new text end

new text begin (d) The commissioner shall determine the child's eligibility for adoption expense
reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
sections 670 to 676. If determined eligible, the commissioner of human services shall
sign the agreement for nonrecurring adoption expense reimbursement, making this a
fully executed agreement. To be eligible, the agreement must be fully executed prior to
the child's adoption finalization.
new text end

new text begin (e) An adoptive parent who has an adoption assistance agreement under section
259A.15, subdivision 2, is not required to make a separate application for reimbursement
of nonrecurring adoption expenses for the child who is the subject of that agreement.
new text end

new text begin (f) If determined eligible, the adoptive parent shall submit reimbursement requests
within 21 months of the date of the child's adoption decree, and according to requirements
and procedures prescribed by the commissioner.
new text end

Sec. 15.

new text begin [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS;
PURCHASE OF SERVICE CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin General information. new text end

new text begin (a) Subject to the procedures required by
the commissioner and the provisions of this section, a Minnesota county or tribal social
services agency shall receive a reimbursement from the commissioner equal to 100
percent of the reasonable and appropriate cost for contracted adoption placement services
identified for a specific child that are not reimbursed under other federal or state funding
sources.
new text end

new text begin (b) The commissioner may spend up to $16,000 for each purchase of service
contract. Only one contract per child per adoptive placement is permitted. Funds
encumbered and obligated under the contract for the child remain available until the terms
of the contract are fulfilled or the contract is terminated.
new text end

new text begin (c) The commissioner shall set aside an amount not to exceed five percent of the
total amount of the fiscal year appropriation from the state for the adoption assistance
program to reimburse placing agencies for child-specific adoption placement services.
When adoption assistance payments for children's needs exceed 95 percent of the total
amount of the fiscal year appropriation from the state for the adoption assistance program,
the amount of reimbursement available to placing agencies for adoption services is
reduced correspondingly.
new text end

new text begin Subd. 2. new text end

new text begin Child eligibility criteria. new text end

new text begin (a) A child who is the subject of a purchase
of service contract must:
new text end

new text begin (1) have the goal of adoption, which may include an adoption in accordance with
tribal law;
new text end

new text begin (2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and
new text end

new text begin (3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
new text end

new text begin (b) A child under the guardianship of the commissioner must have an identified
adoptive parent and a fully executed adoption placement agreement according to section
260C.613, subdivision 1, paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Agency eligibility criteria. new text end

new text begin (a) A Minnesota county or tribal social
services agency shall receive reimbursement for child-specific adoption placement
services for an eligible child that it purchases from a private adoption agency licensed in
Minnesota or any other state or tribal social services agency.
new text end

new text begin (b) Reimbursement for adoption services is available only for services provided
prior to the date of the adoption decree.
new text end

new text begin Subd. 4. new text end

new text begin Application and eligibility determination. new text end

new text begin (a) A county or tribal social
services agency may request reimbursement of costs for adoption placement services by
submitting a complete purchase of service application, according to the requirements and
procedures and on forms prescribed by the commissioner.
new text end

new text begin (b) The commissioner shall determine eligibility for reimbursement of adoption
placement services. If determined eligible, the commissioner of human services shall
sign the purchase of service agreement, making this a fully executed contract. No
reimbursement under this section shall be made to an agency for services provided prior to
the fully executed contract.
new text end

new text begin (c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is
permitted. For siblings who are placed together, services shall be planned and provided to
best maximize efficiency of the contracted hours.
new text end

new text begin Subd. 5. new text end

new text begin Reimbursement process. new text end

new text begin (a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on a form
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed.
new text end

new text begin (b) The commissioner shall make the final determination whether or not the
requested reimbursement costs are reasonable and appropriate and if the services have
been completed according to the terms of the purchase of service agreement.
new text end

new text begin Subd. 6. new text end

new text begin Retention of purchase of service records. new text end

new text begin Agencies entering into
purchase of service contracts shall keep a copy of the agreements, service records, and all
applicable billing and invoicing according to the department's record retention schedule.
Agency records shall be provided upon request by the commissioner.
new text end

Sec. 16. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2012.
new text end

ARTICLE 4

CHILD PROTECTION

Section 1.

Minnesota Statutes 2010, section 260.012, is amended to read:


260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible
time, and the court must ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for the child as provided in
paragraph (e). In determining reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been terminated
involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred
to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar
law of another jurisdiction; deleted text beginor
deleted text end

new text begin (5) the parent has committed sexual abuse as defined in section 626.556, subdivision
2, against the child or another child of the parent;
new text end

new text begin (6) the parent has committed an offense that requires registration as a predatory
offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
new text end

deleted text begin (5)deleted text end new text begin(7) new text endthe provision of services or further services for the purpose of reunification is
futile and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.201, subdivision 11, or a termination
of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
permanency hearing under section 260C.201, subdivision 11, must be held within 30
days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178 or
260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions
consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
services agency must provide active efforts as required under United States Code, title
25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in
foster care by working with the family to develop and implement a safety plan; or

(2) given the particular circumstances of the child and family at the time of the
child's removal, there are no services or efforts available which could allow the child to
safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due
diligence by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.212, subdivision 4;

(3) conduct a relative search to identify and provide notice to adult relatives as
required under section 260C.212, subdivision 5;

(4) place siblings removed from their home in the same home for foster care or
adoption, or transfer permanent legal and physical custody to a relative. Visitation
between siblings who are not in the same foster care, adoption, or custodial placement or
facility shall be consistent with section 260C.212, subdivision 2; and

(5) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the
child, and considers permanent alternative homes for the child inside or outside of the
state, preferably through adoption or transfer of permanent legal and physical custody of
the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
needs of the child and the child's family. Services may include those provided by the
responsible social services agency and other culturally appropriate services available in
the community. At each stage of the proceedings where the court is required to review
the appropriateness of the responsible social services agency's reasonable efforts as
described in paragraphs (a), (d), and (e), the social services agency has the burden of
demonstrating that:

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;

(3) it has made reasonable efforts to finalize an alternative permanent home for
the child, and considers permanent alternative homes for the child inside or outside of
the state; or

(4) reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not
required because the court has made one of the prima facie determinations under paragraph
(a), the court may only require reasonable efforts for reunification after a hearing according
to section 260C.163, where the court finds there is not clear and convincing evidence of
the facts upon which the court based its prima facie determination. In this case when there
is clear and convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the dispositions
available under section 260C.201, subdivision 1. Reunification of a deleted text beginsurvivingdeleted text end child with a
parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
deleted text begin survivingdeleted text end child; deleted text beginor
deleted text end

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parentdeleted text begin.deleted text endnew text begin;
new text end

new text begin (4) committing sexual abuse as defined in section 626.556, subdivision 2, against
the child or another child of the parent; or
new text end

new text begin (5) an offense that requires registration as a predatory offender under section
243.166, subdivision 1b, paragraph (a) or (b).
new text end

(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
260C.201, and 260C.301 shall make findings and conclusions as to the provision of
reasonable efforts. When determining whether reasonable efforts have been made, the
court shall consider whether services to the child and family were:

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further
services for the purpose of rehabilitation is futile and therefore unreasonable under the
circumstances or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with
a mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or individual treatment plan indicates that appropriate and necessary
treatment cannot be effectively provided outside of a residential or inpatient treatment
program and the level or intensity of supervision and treatment cannot be effectively and
safely provided in the child's home or community and it is determined that a residential
treatment setting is the least restrictive setting that is appropriate to the needs of the child.

(j) If continuation of reasonable efforts to prevent placement or reunify the child
with the parent or guardian from whom the child was removed is determined by the court
to be inconsistent with the permanent plan for the child or upon the court making one of
the prima facie determinations under paragraph (a), reasonable efforts must be made to
place the child in a timely manner in a safe and permanent home and to complete whatever
steps are necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts to prevent placement or to
reunify the child with the parent or guardian from whom the child was removed. When
the responsible social services agency decides to concurrently make reasonable efforts for
both reunification and permanent placement away from the parent under paragraph (a), the
agency shall disclose its decision and both plans for concurrent reasonable efforts to all
parties and the court. When the agency discloses its decision to proceed on both plans for
reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.

Sec. 2.

Minnesota Statutes 2010, section 260C.001, is amended to read:


260C.001 TITLE, INTENT, AND CONSTRUCTION.

Subdivision 1.

Citationnew text begin; scopenew text end.

new text begin(a) new text endSections 260C.001 to deleted text begin260C.451deleted text endnew text begin 260C.521new text end may
be cited as the deleted text beginchilddeleted text endnew text begin juvenilenew text end protection provisions of the Juvenile Court Act.

new text begin (b) Juvenile protection proceedings include:
new text end

new text begin (1) a child in need of protection or services matters;
new text end

new text begin (2) permanency matters, including termination of parental rights;
new text end

new text begin (3) postpermanency reviews under sections 260C.317 and 260C.521; and
new text end

new text begin (4) adoption matters including posttermination of parental rights proceedings that
review the responsible social services agency's reasonable efforts to finalize adoption.
new text end

Subd. 2.

deleted text beginChild in need ofdeleted text endnew text begin Juvenilenew text end protection deleted text beginservicesdeleted text endnew text begin proceedingsnew text end.

(a) The
paramount consideration in allnew text begin juvenile protectionnew text end proceedings deleted text beginconcerning a child alleged
or found to be in need of protection or services
deleted text end is the health, safety, and best interests
of the child. In proceedings involving an American Indian child, as defined in section
260.755, subdivision 8, the best interests of the child must be determined consistent with
sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923.

(b) The purpose of the laws relating to juvenile deleted text begincourtsdeleted text endnew text begin protection proceedingsnew text end is:

(1) to secure for each child deleted text beginalleged or adjudicated in need of protection or services
and
deleted text end under the jurisdiction of the court, the care and guidance, preferably in the child's own
home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;

(2) to provide judicial procedures deleted text beginwhichdeleted text endnew text begin thatnew text end protect the welfare of the child;

(3) to preserve and strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without removal;

(4) to ensure that when removal from the child's own family is necessary and in the
child's best interests, the responsible social services agency has legal responsibility for
the child removal either:

(i) pursuant to a voluntary placement agreement between the child's parent or
guardiannew text begin or the child, when the child is over age 18,new text end and the responsible social services
agency; or

(ii) by court order pursuant to section 260C.151, subdivision 6; deleted text begin206C.178; ordeleted text end
new text begin 260C.178; new text end260C.201;new text begin 260C.325; or 260C.515;
new text end

(5) to ensure that, when placement is pursuant to court order, the court order
removing the child or continuing the child in foster care contains an individualized
determination that placement is in the best interests of the child that coincides with the
actual removal of the child; deleted text beginand
deleted text end

(6) to ensure that when the child is removed, the child's care and discipline is, as
nearly as possible, equivalent to that which should have been given by the parents and is
either in:

(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
subdivision 1, paragraph (a), clause (1);

(ii) the home of a relative pursuant to emergency placement by the responsible social
services agency under chapter 245A; or

(iii) deleted text beginadeleted text end foster deleted text beginhomedeleted text end new text begincare new text endlicensed under chapter 245Adeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) to ensure appropriate permanency planning for children in foster care including:
new text end

new text begin (i) unless reunification is not required under section 260.012, developing a
permanency plan for the child that includes a primary plan for reunification with the
child's parent or guardian and a secondary plan for an alternative, legally permanent home
for the child in the event reunification cannot be achieved in a timely manner;
new text end

new text begin (ii) identifying, locating, and assessing both parents of the child as soon as possible
and offering reunification services to both parents of the child as required under section
260.012 and 260C.219;
new text end

new text begin (iii) identifying, locating, and notifying relatives of both parents of the child
according to section 260C.221;
new text end

new text begin (iv) making a placement with a family that will commit to being the legally
permanent home for the child in the event reunification cannot occur at the earliest
possible time while at the same time actively supporting the reunification plan; and
new text end

new text begin (v) returning the child home with supports and services, as soon as return is safe
for the child, or when safe return cannot be timely achieved, moving to finalize another
legally permanent home for the child.
new text end

Subd. 3.

Permanency deleted text beginanddeleted text endnew text begin,new text end termination of parental rightsnew text begin, and adoptionnew text end.

The
purpose of the laws relating to permanency deleted text beginanddeleted text endnew text begin,new text end termination of parental rightsnew text begin, and children
who come under the guardianship of the commissioner of human services
new text end is to ensure that:

(1) when required and appropriate, reasonable efforts have been made by the social
services agency to reunite the child with the child's parents in a home that is safe and
permanent; and

(2) if placement with the parents is not reasonably foreseeable, to secure for the
child a safe and permanent placement new text beginaccording to the requirements of section 260C.212,
subdivision 2
new text end, preferably with adoptive parents ornew text begin, if that is not possible or in the best
interests of the child,
new text end a fit and willing relative through transfer of permanent legal and
physical custody to that relativenew text begin; and
new text end

new text begin (3) when a child is under the guardianship of the commissioner of human services,
reasonable efforts are made to finalize an adoptive home for the child in a timely manner
new text end.

Nothing in this section requires reasonable efforts to prevent placement or to reunify
the child with the parent or guardian to be made in circumstances where the court has
determined that the child has been subjected to egregious harm, when the child is an
abandoned infant, the parent has involuntarily lost custody of another child through a
proceeding under section deleted text begin260C.201, subdivision 11deleted text endnew text begin 260C.515, subdivision 4new text end, or similar
law of another state, the parental rights of the parent to a sibling have been involuntarily
terminated, or the court has determined that reasonable efforts or further reasonable efforts
to reunify the child with the parent or guardian would be futile.

The paramount consideration in all proceedings for permanent placement of the
child under deleted text beginsection 260C.201, subdivision 11deleted text endnew text begin sections 260C.503 to 260C.521new text end, or the
termination of parental rights is the best interests of the child. In proceedings involving an
American Indian child, as defined in section 260.755, subdivision 8, the best interests of
the child must be determined consistent with the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1901, et seq.

Subd. 4.

Construction.

The laws relating to the deleted text beginchild protection provisions of
the
deleted text end juvenile deleted text begincourtsdeleted text endnew text begin protection proceedingsnew text end shall be liberally construed to carry out these
purposes.

Sec. 3.

Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read:


Subd. 4.

Child.

"Child" means an individual under 18 years of age. For purposes of
this chapternew text begin and chapter 260Dnew text end, child also includes individuals under age 21 who are in
foster care pursuant to section 260C.451.

Sec. 4.

Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:


new text begin Subd. 26a. new text end

new text begin Putative father. new text end

new text begin "Putative father" has the meaning given in section
259.21, subdivision 12.
new text end

Sec. 5.

Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:


new text begin Subd. 27a. new text end

new text begin Responsible social services agency. new text end

new text begin "Responsible social services
agency" means the county social services agency that has responsibility for public child
welfare and child protection services and includes the provision of adoption services as an
agent of the commissioner of human services.
new text end

Sec. 6.

Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:


new text begin Subd. 32. new text end

new text begin Sibling. new text end

new text begin "Sibling" means one of two or more individuals who have one
or both parents in common through blood, marriage, or adoption, including siblings as
defined by the child's tribal code or custom.
new text end

Sec. 7.

Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:


Subd. 2.

Other matters relating to children.

deleted text beginExcept as provided in clause (4),deleted text end The
juvenile court has original and exclusive jurisdiction in proceedings concerning:

(1) the termination of parental rights to a child in accordance with the provisions of
sections 260C.301 to 260C.328;

(2) new text beginpermanency matters under sections 260C.503 to 260C.521;
new text end

new text begin (3) new text endthe appointment and removal of a juvenile court guardian for a child, where
parental rights have been terminated under the provisions of sections 260C.301 to
260C.328;

deleted text begin (3)deleted text endnew text begin (4)new text end judicial consent to the marriage of a child when required by law;

deleted text begin (4) the juvenile court in those counties in which the judge of the probate-juvenile
court has been admitted to the practice of law in this state shall proceed under the laws
relating to adoptions in all adoption matters. In those counties in which the judge of the
probate-juvenile court has not been admitted to the practice of law in this state the district
court shall proceed under the laws relating to adoptions in
deleted text end

new text begin (5)new text end all adoption mattersnew text begin and review of the efforts to finalize the adoption of the child
under section 260C.317
new text end;

deleted text begin (5)deleted text endnew text begin (6)new text end the review of the placement of a child who is in foster care pursuant to a
voluntary placement agreement between the child's parent or parents and the responsible
social services agency under section deleted text begin260C.212, subdivision 8deleted text endnew text begin 260C.227new text end;new text begin or between the
child, when the child is over age 18, and the agency under section 260C.229; and
new text end

deleted text begin (6)deleted text endnew text begin (7)new text end the review of voluntary foster care placement of a child for treatment under
chapter 260D according to the review requirements of that chapter.

Sec. 8.

Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:


Subdivision 1.

Investigation.

Upon request of the court the responsible social
services agency or probation officer shall investigate the personal and family history
and environment of any minor coming within the jurisdiction of the court under section
260C.101 and shall report its findings to the court. The court may order any minor coming
within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.

Adoption investigations shall be conducted in accordance with the laws relating to
adoptionsnew text begin in chapter 259new text end. deleted text beginAny funds received under the provisions of this subdivision
shall not cancel until the end of the fiscal year immediately following the fiscal year in
which the funds were received. The funds are available for use by the commissioner of
corrections during that period and are hereby appropriated annually to the commissioner of
corrections as reimbursement of the costs of providing these services to the juvenile courts.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) Except for hearings arising under section 260C.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner. In all adjudicatory proceedings deleted text begininvolving a child alleged to be in need of
protection or services
deleted text endnew text begin regarding juvenile protection matters under this chapternew text end, the court
shall admit only evidence that would be admissible in a civil trial. To be proved at trial,
allegations of a petition alleging a child to be in need of protection or services must be
proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or
services and petitions for the termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child alleged to be in need of
protection or services and deleted text beginpetitionsdeleted text end for the termination of parental rights, hearings may not
be continued or adjourned for more than one week unless the court makes specific findings
that the continuance or adjournment is in the best interests of the child. If a hearing is held
on a petition involving physical or sexual abuse of a child who is alleged to be in need of
protection or services or neglected and in foster care, the court shall file the decision with
the court administrator as soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance or adjournment is ordered in any proceeding,
the court may make any interim orders as it deems in the best interests of the minor in
accordance with deleted text beginthe provisions of deleted text enddeleted text beginsections 260C.001 to 260C.421deleted text endnew text begin this chapternew text end.

(c) Absent exceptional circumstances, hearings under this chapternew text begin, except hearings
in adoption proceedings,
new text end are presumed to be accessible to the public, however the court
may close any hearing and the records related to any matter as provided in the Minnesota
Rules of Juvenile Protection Procedure.

(d) Adoption hearings deleted text beginshall be conducted in accordance with the provisions of laws
relating to adoptions
deleted text endnew text begin are closed to the public and all records related to an adoption are
inaccessible except as provided in the Minnesota Rules of Adoption Procedure
new text end.

(e) In any permanency hearing, including the transition of a child from foster care
to independent living, the court shall ensure that its consult with the child during the
hearing is in an age-appropriate manner.

Sec. 10.

Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:


Subd. 4.

County attorney.

deleted text beginExcept in adoption proceedings, the county attorney
shall present the evidence upon request of the court.
deleted text end In representing thenew text begin responsible social
services
new text end agency, the county attorney shall also have the responsibility for advancing the
public interest in the welfare of the child.

Sec. 11.

Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:


Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into
custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
hold a hearing within 72 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue in
custody.

(b) Unless there is reason to believe that the child would endanger self or others or
not return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian,
or other suitable person, subject to reasonable conditions of release including, but not
limited to, a requirement that the child undergo a chemical use assessment as provided in
section 260C.157, subdivision 1.

(c) If the court determines there is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would
be immediately endangered if returned to the care of the parent or guardian who has
custody and from whom the child was removed, the court shall order the child into
foster care under the legal responsibility of the responsible social services agency or
responsible probation or corrections agency for the purposes of protective care as that term
is used in the juvenile court rules or into the home of a noncustodial parent and order the
noncustodial parent to comply with any conditions the court determines to be appropriate
to the safety and care of the child, including cooperating with paternity establishment
proceedings in the case of a man who has not been adjudicated the child's father. The
court shall not give the responsible social services legal custody and order a trial home
visit at any time prior to adjudication and disposition under section 260C.201, subdivision
1
, paragraph (a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the parent or
guardian to comply with any conditions the court determines to be appropriate to meet
the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator
of domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue
in foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
were made to prevent placement. The court shall enter a finding that the responsible
social services agency has made reasonable efforts to prevent placement when the agency
establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit
the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the
hearing that could safely permit the child to remain home or to return home. When
reasonable efforts to prevent placement are required and there are services or other efforts
that could be ordered which would permit the child to safely return home, the court shall
order the child returned to the care of the parent or guardian and the services or efforts put
in place to ensure the child's safety. When the court makes a prima facie determination
that one of the circumstances under paragraph (g) exists, the court shall determine that
reasonable efforts to prevent placement and to return the child to the care of the parent or
guardian are not required.

If the court finds the social services agency's preventive or reunification efforts
have not been reasonable but further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue
the removal of the child.

(f) The court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the child by
the parent or guardian would be contrary to the welfare of the child and that placement is
in the best interest of the child.

(g) At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily
terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred
to a relative under new text beginMinnesota Statutes 2010, new text endsection 260C.201, subdivision 11, paragraph
(e), clause (1)new text begin;new text endnew text begin section 260C.515, subdivision 4new text end, or a similar law of another jurisdiction; deleted text beginor
deleted text end

(5)new text begin the parent has committed sexual abuse as defined in section 626.556, subdivision
2, against the child or another child of the parent;
new text end

new text begin (6) the parent has committed an offense that requires registration as a predatory
offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
new text end

new text begin (7)new text end the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable.

(h) When a petition to terminate parental rights is required under section 260C.301,
subdivision 3
or 4, but the county attorney has determined not to proceed with a
termination of parental rights petition, and has instead filed a petition to transfer permanent
legal and physical custody to a relative under section deleted text begin260C.201, subdivision 11deleted text endnew text begin 260C.507new text end,
the court shall schedule a permanency hearing within 30 days of the filing of the petition.

(i) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section deleted text begin260C.201, subdivision 3deleted text endnew text begin 260C.503, subdivision 2, paragraph (c)new text end.

(j) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with deleted text beginthe requirements ofdeleted text end sections 260C.151,
260C.212, and 260C.215.

(k) If a child ordered into foster care has siblings, whether full, half, or step, who
are also ordered into foster care, the court shall inquire of the responsible social services
agency of the efforts to place the children together as required by section 260C.212,
subdivision 2
, paragraph (d), if placement together is in each child's best interests, unless
a child is in placement for treatment or a child is placed with a previously noncustodial
parent who is not new text begina new text endparent to all siblings. If the children are not placed together at the time
of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
efforts to place the siblings together, as required under section 260.012. If any sibling is
not placed with another sibling or siblings, the agency must develop a plan to facilitate
visitation or ongoing contact among the siblings as required under section 260C.212,
subdivision 1
, unless it is contrary to the safety or well-being of any of the siblings to do so.

new text begin (l) When the court has ordered the child into foster care or into the home of a
noncustodial parent, the court may order a chemical dependency evaluation, mental health
evaluation, medical examination, and parenting assessment for the parent as necessary
to support the development of a plan for reunification required under subdivision 7 and
section 260C.212, subdivision 1, or the child protective services plan under section
626.556, subdivision 10, and Minnesota Rules, part 9560.0228.
new text end

Sec. 12.

Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:


Subd. 7.

Out-of-home placement plan.

(a) An out-of-home placement plan
required under section 260C.212 shall be filed with the court within 30 days of the filing
of anew text begin juvenile protectionnew text end petition deleted text beginalleging the child to be in need of protection or servicesdeleted text end
under section 260C.141, subdivision 1,new text begin when the court orders emergency removal of the
child under this section,
new text end or filed with the petition if the petition is a review of a voluntary
placement under section 260C.141, subdivision 2.

(b) Upon the filing of the out-of-home placement plan which has been developed
jointly with the parent and in consultation with others as required under section 260C.212,
subdivision 1
, the court may approve implementation of the plan by the responsible social
services agency based on the allegations contained in the petitionnew text begin and any evaluations,
examinations, or assessments conducted under subdivision 1, paragraph (l)
new text end. The court
shall send written notice of the approval of the out-of-home placement plan to all parties
and the county attorney or may state such approval on the record at a hearing. A parent
may agree to comply with the terms of the plan filed with the court.

(c) The responsible social services agency shall make reasonable deleted text beginattemptsdeleted text endnew text begin effortsnew text end
to engage deleted text begina parentdeleted text endnew text begin both parents of the childnew text end in case planning. deleted text beginIf the parent refuses to
cooperate in the development of the out-of-home placement plan or disagrees with the
services recommended by
deleted text end The responsible social service agencydeleted text begin, the agencydeleted text end shall deleted text beginnote
such refusal or disagreement for the court
deleted text endnew text begin report the results of its efforts to engage the
child's parents
new text end in the out-of-home placement plan filed with the court. The agency shall
notify the court of the services it will provide or efforts it will attempt under the plan
notwithstanding the parent's refusal to cooperate or disagreement with the services. The
parent may ask the court to modify the plan to require different or additional services
requested by the parent, but which the agency refused to provide. The court may approve
the plan as presented by the agency or may modify the plan to require services requested
by the parent. The court's approval shall be based on the content of the petition.

(d) Unless the parent agrees to comply with the terms of the out-of-home placement
plan, the court may not order a parent to comply with the provisions of the plan until the
court finds the child is in need of protection or services and orders disposition under
section 260C.201, subdivision 1. However, the court may find that the responsible social
services agency has made reasonable efforts for reunification if the agency makes efforts
to implement the terms of an out-of-home placement plan approved under this section.

Sec. 13.

Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:


Subd. 3.

Best interest of the child deleted text beginin foster care or residential caredeleted text end.

(a) The
policy of the state is to ensure that the best interests of children in foster deleted text beginor residentialdeleted text end
carenew text begin, who experience transfer of permanent legal and physical custody to a relative under
section 260C.515, subdivision 4, or adoption under chapter 259
new text end are met by requiring
individualized determinations under section 260C.212, subdivision 2, paragraph (b), of
the needs of the child and of how the selected deleted text beginplacementdeleted text endnew text begin homenew text end will serve the needs of the
child deleted text beginin foster care placementsdeleted text end.

(b) new text beginNo later than three months after a child is ordered removed from the care of a
parent in the hearing required under section 260C.202,
new text endthe court shall reviewnew text begin and enter
findings regarding
new text end whether the responsible social services agency madenew text begin:
new text end

new text begin (1) diligentnew text end effortsnew text begin to identify and search for relativesnew text end as required under section
deleted text begin 260C.212, subdivision 5,deleted text endnew text begin 260C.221;new text end and deleted text beginmade
deleted text end

new text begin (2)new text end an individualized determination as required under section 260C.212, subdivision
2new text begin, to select a home that meets the needs of the childnew text end
.

new text begin (c) new text endIf the court finds the agency has not made efforts as required under section
deleted text begin 260C.212, subdivision 5deleted text endnew text begin 260C.221new text end, and there is a relative who qualifies to be licensed
to provide family foster care under chapter 245A, the court may order the child placed
with the relative consistent with the child's best interests.

new text begin (d) If the agency's efforts under section 260C.221 are found to be sufficient, the
court shall order the agency to continue to appropriately engage relatives who responded
to the notice under section 260C.221 in placement and case planning decisions and to
appropriately engage relatives who subsequently come to the agency's attention.
new text end

deleted text begin (c)deleted text endnew text begin (e)new text end If the child's birth parent or parents explicitly request that a relative or
important friend not be considered, the court shall honor that request if it is consistent with
the best interests of the child. If the child's birth parent or parents express a preference
for placing the child in a foster or adoptive home of the same or a similar religious
background to that of the birth parent or parents, the court shall order placement of the
child with an individual who meets the birth parent's religious preference.

deleted text begin (d)deleted text endnew text begin (f)new text end Placement of a child cannot be delayed or denied based on race, color, or
national origin of the foster parent or the child.

deleted text begin (e)deleted text endnew text begin (g)new text end Whenever possible, siblings should be placed together unless it is determined
not to be in the best interests of deleted text begina siblingdeleted text endnew text begin siblingsnew text end. If siblings deleted text beginaredeleted text endnew text begin werenew text end not placed together
according to section 260C.212, subdivision 2, paragraph (d), the responsible social
services agency shall report to the court the efforts made to place the siblings together
and why the efforts were not successful. If the court is not satisfied deleted text beginwithdeleted text endnew text begin thatnew text end the deleted text beginagency'sdeleted text endnew text begin
agency has made reasonable
new text end efforts to place siblings together, the court deleted text beginmaydeleted text endnew text begin mustnew text end order
the agency to make furthernew text begin reasonablenew text end efforts. If siblings are not placed together the court
shall deleted text beginreviewdeleted text endnew text begin ordernew text end the responsible social services deleted text beginagency'sdeleted text endnew text begin agency to implement thenew text end plan
for visitation among siblings required as part of the out-of-home placement plan under
section 260C.212.

deleted text begin (f)deleted text endnew text begin (h)new text end This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.

Sec. 14.

Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:


Subd. 6.

Jurisdiction to review foster care to age 21, termination of jurisdiction,
jurisdiction to age 18.

(a) Jurisdiction over a child in foster care pursuant to section
260C.451 deleted text beginmaydeleted text endnew text begin shallnew text end continue to age 21 for the purpose of conducting the reviews required
under section deleted text begin260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, ordeleted text end
260C.317, subdivision 3new text begin, 260C.203, or 260C.515, subdivision 5 or 6new text end. Jurisdiction over a
child in foster care pursuant to section 260C.451 shall not be terminated without giving
the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity
to be heard on the appropriateness of the dismissal. When a child in foster care pursuant to
section 260C.451 asks to leave foster care or actually leaves foster care, the court may
terminate its jurisdiction.

(b) deleted text beginExcept when a court order is necessary for a child to be in foster care or when
continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201,
subdivision 11
, paragraph (d), and (2) section
deleted text enddeleted text begin260C.317, subdivision 3, is required for a
child in foster care under section 260C.451,
deleted text end The court may terminate jurisdiction on its
own motion or the motion of any interested party upon a determination that jurisdiction is
no longer necessary to protect the child's best interestsnew text begin except when:
new text end

new text begin (1) a court order is necessary for a child to be in foster care; or
new text end

new text begin (2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or
260C.317, subdivision 3, is required for a child in foster care under section 260C.451
new text end.

(c) Unless terminated by the court, and except as otherwise provided in this
subdivision, the jurisdiction of the court shall continue until the child becomes 18 years
of age.new text begin The court may continue jurisdiction over an individual and all other parties to
the proceeding to the individual's 19th birthday when continuing jurisdiction is in the
individual's best interest in order to:
new text end

new text begin (1) protect the safety or health of the individual;
new text end

new text begin (2) accomplish additional planning for independent living or for the transition out of
foster care; or
new text end

new text begin (3) support the individual's completion of high school or a high school equivalency
program.
new text end

Sec. 15.

Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:


Subd. 2.

Written findings.

(a) Any order for a disposition authorized under this
section shall contain written findings of fact to support the disposition and case plan
ordered and shall also set forth in writing the following information:

(1) why the best interests and safety of the child are served by the disposition and
case plan ordered;

(2) what alternative dispositions or services under the case plan were considered by
the court and why such dispositions or services were not appropriate in the instant case;

(3) when legal custody of the child is transferred, the appropriateness of the
particular placement made or to be made by the placing agency using the factors in section
260C.212, subdivision 2, paragraph (b);

(4) whether reasonable effortsnew text begin to finalize the permanent plan for the childnew text end consistent
with section 260.012 were madenew text begin including reasonable efforts:new text end

new text begin (i) new text endto prevent deleted text beginor eliminate the necessity ofdeleted text end the child's deleted text beginremovaldeleted text endnew text begin placementnew text end and to
reunify the deleted text beginfamily after removaldeleted text endnew text begin child with the parent or guardian from whom the child was
removed at the earliest time consistent with the child's safety
new text end. The court's findings must
include a brief description of what preventive and reunification efforts were made and
why further efforts could not have prevented or eliminated the necessity of removal or that
reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1;

new text begin (ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely
provide day-to-day care of the child as required under section 260C.219, unless such
services are not required under section 260.012 or 260C.178, subdivision 1;
new text end

new text begin (iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that
the agency has made diligent efforts to conduct a relative search and has appropriately
engaged relatives who responded to the notice under section 260C.221 and other relatives,
who came to the attention of the agency after notice under section 260C.221 was sent, in
placement and case planning decisions fulfills the requirement of this item;
new text end

new text begin (iv) to identify and make a foster care placement in the home of an unlicensed
relative, according to the requirements of section 245A.035, a licensed relative, or other
licensed foster care provider who will commit to being the permanent legal parent or
custodian for the child in the event reunification cannot occur, but who will actively
support the reunification plan for the child; and
new text end

new text begin (v) to place siblings together in the same home or to ensure visitation is occurring
when siblings are separated in foster care placement and visitation is in the siblings' best
interests under section 260C.212, subdivision 2, paragraph (d);
new text endand

(5) if the child has been adjudicated as a child in need of protection or services
because the child is in need of special services or care to treat or ameliorate a mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the
written findings shall also set forth:

(i) whether the child has mental health needs that must be addressed by the case plan;

(ii) what consideration was given to the diagnostic and functional assessments
performed by the child's mental health professional and to health and mental health care
professionals' treatment recommendations;

(iii) what consideration was given to the requests or preferences of the child's parent
or guardian with regard to the child's interventions, services, or treatment; and

(iv) what consideration was given to the cultural appropriateness of the child's
treatment or services.

(b) If the court finds that the social services agency's preventive or reunification
efforts have not been reasonable but that further preventive or reunification efforts could
not permit the child to safely remain at home, the court may nevertheless authorize or
continue the removal of the child.

(c) If the child has been identified by the responsible social services agency as the
subject of concurrent permanency planning, the court shall review the reasonable efforts
of the agency to deleted text beginrecruit, identify, and make a placement in a home where the foster parent
or relative that has committed to being the legally permanent home for the child in the
event reunification efforts are not successful
deleted text endnew text begin develop a permanency plan for the child that
includes a primary plan which is for reunification with the child's parent or guardian and a
secondary plan which is for an alternative, legally permanent home for the child in the
event reunification cannot be achieved in a timely manner
new text end.

Sec. 16.

Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to
read:


Subd. 10.

Court review of foster care.

(a) If the court orders a child placed
in foster care, the court shall review the out-of-home placementnew text begin plan and the child's
placement
new text end at least every 90 days as required in juvenile court rules to determine whether
continued out-of-home placement is necessary and appropriate or whether the child should
be returned home. This review is not required if the court has returned the child home,
ordered the child permanently placed away from the parent under subdivision 11, or
terminated rights under section 260C.301. Court review for a child permanently placed
away from a parent, including where the child is under guardianship deleted text beginand legal custodydeleted text end of
the commissioner, shall be governed by deleted text beginsubdivision 11 ordeleted text end section deleted text begin260C.317, subdivision
3
, whichever is applicable
deleted text endnew text begin 260C.607new text end.

(b) No later than deleted text beginsixdeleted text endnew text begin threenew text end months after the child's placement in foster care, the court
shall review agency efforts pursuant to section deleted text begindeleted text begin260C.212deleted text end, subdivision 2deleted text endnew text begin 260C.221new text end, and
order that the efforts continue if the agency has failed to perform the duties under that
section. new text beginThe court must order the agency to continue to appropriately engage relatives
who responded to the notice under section 260C.221 in placement and case planning
decisions and to engage other relatives who came to the agency's attention after notice
under section 260C.221 was sent.
new text end

(c) The court shall review the out-of-home placement plan and may modify the plan
as provided under subdivisions 6 and 7.

(d) When the court orders transfer of custody to a responsible social services
agency resulting in foster care or protective supervision with a noncustodial parent under
subdivision 1, the court shall notify the parents of the provisions of deleted text beginsubdivisions 11 anddeleted text endnew text begin
subdivision
new text end 11anew text begin and sections 260C.503 to 260C.521,new text end as required under juvenile court rules.

(e) When a child remains innew text begin or returns tonew text end foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shallnew text begin at leastnew text end annually conduct the review required under deleted text beginsubdivision 11, paragraph
(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3
deleted text endnew text begin section 260C.203new text end.

Sec. 17.

Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:


Subd. 5.

Relative search.

(a) The responsible social services agency shall exercise
due diligence to identify and notify adult relatives prior to placement or within 30 days
after the child's removal from the parent. The county agency shall consider placement with
a relative under subdivision 2 without delay new text beginand whenever the child must move from or be
returned to foster care
new text end. The relative search required by this section shall be deleted text beginreasonable anddeleted text end
comprehensive in scope deleted text beginand may last up to six months or until a fit and willing relative
is identified
deleted text end. new text beginAfter a finding that the agency has made reasonable efforts to conduct the
relative search under this paragraph, the agency has the continuing responsibility to
appropriately involve relatives, who have responded to the notice required under this
paragraph, in planning for the child and to continue to consider relatives according to
the requirements of section 260C.212, subdivision 2. At any time during the course of
juvenile protection proceedings, the court may order the agency to reopen its search for
relatives when it is in the child's best interest to do so.
new text end The relative search required by this
section shall include both maternal relatives deleted text beginof the childdeleted text end and paternal relatives of the childdeleted text begin,
if paternity is adjudicated
deleted text end. new text beginThe search shall also include getting information from the child
in an age-appropriate manner about who the child considers to be family members and
important friends with whom the child has resided or had significant contact. The relative
search required under this section must fulfill the agency's duties under the Indian Child
Welfare Act regarding active efforts to prevent the breakup of the Indian family under
United States Code, title 25, section 1912(d), and to meet placement preferences under
United States Code, title 25, section 1915.
new text end The relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement for the
child;

(2) of their responsibility to keep the responsible social services agency informed of
their current address in order to receive notice in the event that a permanent placement is
sought for the child. A relative who fails to provide a current address to the responsible
social services agency forfeits the right to notice of the possibility of permanent placement.
A decision by a relative not to benew text begin identified asnew text end anew text begin potential permanentnew text end placement resourcenew text begin
or participate in planning for the child
new text end at the beginning of the case shall not affect whether
the relative is considered for placement of the child with that relative later;

(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the noticenew text begin.
"Participate in the care and planning" includes, but is not limited to, participation in case
planning for the parent and child, identifying the strengths and needs of the parent and
child, supervising visits, providing respite and vacation visits for the child, providing
transportation to appointments, suggesting other relatives who might be able to help
support the case plan, and to the extent possible, helping to maintain the child's familiar
and regular activities and contact with friends and relatives
new text end; deleted text beginand
deleted text end

(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present a
safety or health risk to the child in the home under section 245A.04 and supports that are
available for relatives and children who reside in a family foster homedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) of the relatives' right to ask to be notified of any court proceedings regarding
the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
court as required under section 260C.152, subdivision 5.
new text end

(b) A responsible social services agency may disclose private deleted text beginor confidentialdeleted text end data,
as defined in deleted text beginsectiondeleted text endnew text begin sectionsnew text end 13.02new text begin and 626.556new text end, to relatives of the child for the purpose
of locatingnew text begin and assessingnew text end a suitable placementnew text begin and may use any reasonable means of
identifying and locating relatives including the Internet or other electronic means of
conducting a search
new text end. The agency shall disclose deleted text beginonlydeleted text end data that is necessary to facilitate
possible placement with relativesnew text begin and to ensure that the relative is informed of the needs
of the child so the relative can participate in planning for the child and be supportive of
services to the child and family
new text end. If the child's parent refuses to give the responsible social
services agency information sufficient to identify the maternal and paternal relatives of the
child, the agency shall ask the juvenile court to order the parent to provide the necessary
information. If a parent makes an explicit request that relatives or a specific relative not be
contacted or considered for placement, the agency shall bring the parent's request to the
attention of the court to determine whether the parent's request is consistent with the best
interests of the child and the agency shall not contact relatives or a specific relative unless
authorized to do so by the juvenile court.

(c) new text beginAt a regularly scheduled hearing not later than three months after the child's
placement in foster care and as required in section 260C.202, the agency shall report to
the court:
new text end

new text begin (1) its efforts to identify maternal and paternal relatives of the child, to engage the
relatives in providing support for the child and family, and document that the relatives
have been provided the notice required under paragraph (a); and
new text end

new text begin (2) its decision regarding placing the child with a relative as required under section
260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in
order to support family connections for the child, when placement with a relative is not
possible or appropriate.
new text end

new text begin (d) Notwithstanding chapter 13, the agency shall disclose data about particular
relatives identified, searched for, and contacted for the purposes of the court's review of
the agency's due diligence.
new text end

new text begin (e) When the court is satisfied that the agency has exercised due diligence to
identify relatives and provide the notice required in paragraph (a), the court may find that
reasonable efforts have been made to conduct a relative search to identify and provide
notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
court is not satisfied that the agency has exercised due diligence to identify relatives and
provide the notice required in paragraph (a), the court may order the agency to continue its
search and notice efforts and to report back to the court.
new text end

new text begin (f) new text endWhen the placing agency determines that deleted text beginadeleted text end permanent placement deleted text beginhearing isdeleted text endnew text begin
proceedings are
new text end necessary because there is a likelihood that the child will not return to a
parent's care, the agency deleted text beginmaydeleted text endnew text begin mustnew text end send the notice provided in paragraph deleted text begin(d)deleted text endnew text begin (g)new text end, may ask
the court to modify the deleted text beginrequirementsdeleted text endnew text begin dutynew text end of the agency deleted text beginunder this paragraphdeleted text endnew text begin to send the
notice required in paragraph (g)
new text end, or may ask the court to completely relieve the agency
of the requirements of deleted text beginthisdeleted text end paragraphnew text begin (g)new text end. The relative notification requirements of deleted text beginthisdeleted text end
paragraphnew text begin (g)new text end do not apply when the child is placed with an appropriate relative or a
foster home that has committed to deleted text beginbeing thedeleted text endnew text begin adopting the child or takingnew text end permanent legal
deleted text begin placement fordeleted text endnew text begin and physical custody ofnew text end the child and the agency approves of that foster
home for permanent placement of the child. The actions ordered by the court under this
section must be consistent with the best interests, safety,new text begin permanency,new text end and welfare of
the child.

deleted text begin (d)deleted text endnew text begin (g)new text end Unless required under the Indian Child Welfare Act or relieved of this duty
by the court under paragraph deleted text begin(c)deleted text endnew text begin (e)new text end, when the agency determines that it is necessary to
prepare for deleted text beginthedeleted text end permanent placement determination deleted text beginhearingdeleted text endnew text begin proceedingsnew text end, or in anticipation
of filing a termination of parental rights petition, the agency shall send notice to the
relatives, any adult with whom the child is currently residing, any adult with whom the
child has resided for one year or longer in the past, and any adults who have maintained a
relationship or exercised visitation with the child as identified in the agency case plan. The
notice must state that a permanent home is sought for the child and that the individuals
receiving the notice may indicate to the agency their interest in providing a permanent
home. The notice must state that within 30 days of receipt of the notice an individual
receiving the notice must indicate to the agency the individual's interest in providing
a permanent home for the child or that the individual may lose the opportunity to be
considered for a permanent placement.

deleted text begin (e) The Department of Human Services shall develop a best practices guide and
specialized staff training to assist the responsible social services agency in performing and
complying with the relative search requirements under this subdivision.
deleted text end

Sec. 18.

Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:


Subd. 7.

Administrative or court review of placements.

(a)new text begin Unless the court is
conducting the reviews required under section 260C.202,
new text end there shall be an administrative
review of the out-of-home placement plan of each child placed in foster care no later than
180 days after the initial placement of the child in foster care and at least every six months
thereafter if the child is not returned to the home of the parent or parents within that time.
The out-of-home placement plan must be monitored and updated at each administrative
review. The administrative review shall be conducted by the responsible social services
agency using a panel of appropriate persons at least one of whom is not responsible for the
case management of, or the delivery of services to, either the child or the parents who are
the subject of the review. The administrative review shall be open to participation by the
parent or guardian of the child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
(d). The party requesting review of the out-of-home placement plan shall give parties to
the proceeding notice of the request to review and update the out-of-home placement
plan. A court review conducted pursuant to sectionnew text begin 260C.141, subdivision 2;new text end 260C.193;
260C.201, subdivision 1 deleted text beginor 11deleted text end; deleted text begin260C.141, subdivision 2; 260C.317deleted text endnew text begin 260C.202; 260C.204;
260C.317
new text end; or 260D.06 shall satisfy the requirement for the review so long as the other
requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) the extent of progress deleted text beginwhichdeleted text endnew text begin thatnew text end has been made toward alleviating or mitigating
the causes necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the in-court review required under section deleted text begin260C.201,
subdivision 11, or
deleted text end 260C.317, subdivision 3, clause (3)new text begin, or 260C.515, subdivision 5 or
6
new text end, the court shall review the independent living plan required undernew text begin section 260C.201,new text end
subdivision 1, paragraph (c), clause (11), and the provision of services to the child related
to the well-being of the child as the child prepares to leave foster care. The review shall
include the actual plans related to each item in the plan necessary to the child's future
safety and well-being when the child is no longer in foster care.

deleted text begin (1)deleted text endnew text begin (e)new text end At the court reviewnew text begin required under paragraph (d) for a child age 16 or older
the following procedures apply:
new text end

new text begin (1) six months before the child is expected to be discharged from foster carenew text end, the
responsible social services agency shall deleted text beginestablish that it has givendeleted text endnew text begin givenew text end thenew text begin writtennew text end
notice required under section deleted text begin260C.456 or Minnesota Rules, part 9560.0660deleted text endnew text begin 260C.451,
subdivision 1
new text end, regarding the right to continued access to services for certain children in
foster care past age 18 and of the right to appeal a denial of social services under section
256.045. deleted text beginIfdeleted text end The agency deleted text beginis unable to establish thatdeleted text endnew text begin shall file a copy ofnew text end the notice, including
the right to appeal a denial of social services, deleted text beginhas been given,deleted text endnew text begin withnew text end the courtnew text begin. If the agency
does not file the notice by the time the child is age 17-1/2, the court
new text end shall require the
agency to give itdeleted text begin.deleted text endnew text begin;
new text end

(2) consistent with the requirements of the independent living plan, the court shall
review progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adultdeleted text begin.deleted text endnew text begin; and
new text end

(3) the court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.

deleted text begin (e) When a child is age 17 or older, during the 90-day period immediately prior to
the date the child is expected to be discharged from foster care, the responsible social
services agency is required to provide the child with assistance and support in developing
a transition plan that is personalized at the direction of the child.
deleted text endnew text begin (f) For a child who
will be discharged from foster care at age 18 or older, the responsible social services
agency is required to develop a personalized transition plan as directed by the youth. The
transition plan must be developed during the 90-day period immediately prior to the
expected date of discharge.
new text end The transition plan must be as detailed as the child may elect
and include specific options on housing, health insurance, education, local opportunities
for mentors and continuing support services, and work force supports and employment
services.new text begin The plan must include information on the importance of designating another
individual to make health care treatment decisions on behalf of the child if the child
becomes unable to participate in these decisions and the child does not have, or does not
want, a relative who would otherwise be authorized to make these decisions. The plan
must provide the child with the option to execute a health care directive as provided
under chapter 145C.
new text end The county shall also provide the individual with appropriate contact
information if the individual needs more information or needs help dealing with a crisis
situation through age 21.

Sec. 19.

Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:


Subd. 4.

deleted text beginConsultation with representativesdeleted text endnew text begin Duties of commissionernew text end.

The commissioner of human servicesdeleted text begin, after seeking and considering advice from
representatives reflecting diverse populations from the councils established under sections
3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations
deleted text end
shall:

(1) deleted text beginreview and, where necessary, revise the Department of Human Services Social
Service Manual and Practice Guide
deleted text endnew text begin provide practice guidancenew text end to new text beginresponsible social
services agencies and child-placing agencies that
new text endreflect federal and statenew text begin laws andnew text end policy
direction on placement of children;

(2) develop criteria for determining whether a prospective adoptive or foster family
has the ability to understand and validate the child's cultural background;

(3) deleted text begindevelopdeleted text endnew text begin providenew text end a standardized training curriculum for adoption and foster care
workersdeleted text begin, family-based providers,deleted text end and administrators who work with children. Training
must address the following objectives:

deleted text begin (a)deleted text endnew text begin (i)new text end developing and maintaining sensitivity to all cultures;

deleted text begin (b)deleted text endnew text begin (ii)new text end assessing values and their cultural implications; deleted text beginand
deleted text end

deleted text begin (c)deleted text endnew text begin (iii)new text end making individualizednew text begin placementnew text end decisions that advance the best interests of
a particular child under section 260C.212, subdivision 2; new text beginandnew text end

new text begin (iv) issues related to cross-cultural placement;
new text end

(4) deleted text begindevelopdeleted text endnew text begin providenew text end a training curriculum for deleted text beginfamily and extended family membersdeleted text endnew text begin
all prospective adoptive and foster families that prepares them to care for the needs
new text end of
adoptive and foster childrendeleted text begin. The curriculum must address issues relating to cross-cultural
placements as well as issues that arise after a foster or adoptive placement is made
deleted text end new text begintaking
into consideration the needs of children outlined in section 260C.212, subdivision 2,
paragraph (b)
new text end; deleted text beginand
deleted text end

(5) develop and provide to agencies deleted text beginan assessment tool to be used in combination
with group interviews and other preplacement activities
deleted text endnew text begin a home study formatnew text end to deleted text beginevaluatedeleted text endnew text begin
assess the capacities and needs of
new text end prospective adoptive and foster families. The deleted text begintooldeleted text endnew text begin
format
new text end must deleted text beginassessdeleted text endnew text begin addressnew text end problem-solving skills; deleted text beginidentifydeleted text end parenting skills; deleted text beginanddeleted text end evaluate
the degree to which the prospective family has the ability to understand and validate the
child's cultural backgroundnew text begin, and other issues needed to provide sufficient information for
agencies to make an individualized placement decision consistent with section 260C.212,
subdivision 2. If a prospective adoptive parent has also been a foster parent, any update
necessary to a home study for the purpose of adoption may be completed by the licensing
authority responsible for the foster parent's license. If a prospective adoptive parent with an
approved adoptive home study also applies for a foster care license, the license application
may be made with the same agency which provided the adoptive home study; and
new text end

new text begin (6) shall consult with representatives reflecting diverse populations from the councils
established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
community organizations
new text end.

Sec. 20.

Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:


Subd. 6.

Duties of child-placing agencies.

(a) Each authorized child-placing
agency must:

(1) develop and follow procedures for implementing the requirements of section
deleted text begin 260C.193, subdivision 3deleted text endnew text begin 260C.212, subdivision 2new text end, and the Indian Child Welfare Act,
United States Code, title 25, sections 1901 to 1923;

(2) have a written plan for recruiting adoptive and foster families that reflect the
ethnic and racial diversity of children who are in need of foster and adoptive homes.
The plan must includenew text begin:new text end

(i) strategies for using existing resources in diverse communitiesdeleted text begin,deleted text endnew text begin;new text end

(ii) use of diverse outreach staff wherever possibledeleted text begin,deleted text endnew text begin;
new text end

(iii) use of diverse foster homes for placements after birth and before adoptiondeleted text begin,deleted text endnew text begin;new text end and

(iv) other techniques as appropriate;

(3) have a written plan for training adoptive and foster families;

(4) have a written plan for employing staff in adoption and foster care who have
the capacity to assess the foster and adoptive parents' ability to understand and validate a
child's culturalnew text begin and meet the child's individualnew text end needs, and to advance the best interests of
the childnew text begin, as required in section 260C.212, subdivision 2new text end. The plan must include staffing
goals and objectives;

(5) ensure that adoption and foster care workers attend training offered or approved
by the Department of Human Services regarding cultural diversity and the needs of special
needs children; and

(6) develop and implement procedures for implementing the requirements of the
Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.

(b) In determining the suitability of a proposed placement of an Indian child, the
standards to be applied must be the prevailing social and cultural standards of the Indian
child's community, and the agency shall defer to tribal judgment as to suitability of a
particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

Sec. 21.

new text begin [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER
AGE 18; REQUIRED COURT REVIEW.
new text end

new text begin (a) When a child asks to continue or to reenter foster care after age 18 under section
260C.451, the child and the responsible social services agency may enter into a voluntary
agreement for the child to be in foster care under the terms of section 260C.451. The
voluntary agreement must be in writing and on a form prescribed by the commissioner.
new text end

new text begin (b) When the child is in foster care pursuant to a voluntary foster care agreement
between the agency and child and the child is not already under court jurisdiction pursuant
to section 260C.193, subdivision 6, the agency responsible for the child's placement
in foster care shall:
new text end

new text begin (1) file a motion to reopen the juvenile protection matter where the court previously
had jurisdiction over the child within 30 days of the child and the agency executing the
voluntary placement agreement under paragraph (a) and ask the court to review the child's
placement in foster care and find that the placement is in the best interests of the child; and
new text end

new text begin (2) file the out-of-home placement plan required under subdivision 1 with the
motion to reopen jurisdiction.
new text end

new text begin (c) The court shall conduct a hearing on the matter within 30 days of the agency's
motion to reopen the matter and, if the court finds that placement is in the best interest of
the child, shall conduct the review for the purpose and with the content required under
section 260C.203, at least every 12 months as long as the child continues in foster care.
new text end

Sec. 22.

Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:


Subd. 8.

Findings regarding reasonable efforts.

In any proceeding under this
section, the court shall make specific findings:

(1) that reasonable efforts to deleted text beginprevent the placement anddeleted text endnew text begin finalize the permanency
plan
new text end to reunify the child and the parent were made including individualized and explicit
findings regarding the nature and extent of efforts made by the social services agency to
rehabilitate the parent and reunite the family; or

(2) that reasonable efforts deleted text beginatdeleted text endnew text begin fornew text end reunification are not required as provided under
section 260.012.

Sec. 23.

Minnesota Statutes 2010, section 260C.328, is amended to read:


260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.

new text begin (a) new text endUpon its own motion or upon petition of an interested party, the juvenile court
having jurisdiction of the child may, after notice to the parties and a hearing, remove
the guardian appointed by the juvenile court and appoint a new guardian in accordance
with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a
showing that the child is emancipated, the court may discharge the guardianship. Any
child 14 years of age or older who is not adopted but who is placed in a satisfactory foster
home, may, with the consent of the foster parents, join with the guardian appointed by the
juvenile court in a petition to the court having jurisdiction of the child to discharge the
existing guardian and appoint the foster parents as guardians of the child.

new text begin (b) new text endThe authority of a guardian appointed by the juvenile court terminates when the
individual under guardianship deleted text beginis no longer a minor or when guardianship is otherwise
discharged
deleted text endnew text begin becomes age 18. However, an individual who has been under the guardianship
of the commissioner and who has not been adopted may continue in foster care or reenter
foster care pursuant to section 260C.451 and the responsible social services agency has
continuing legal responsibility for the placement of the individual
new text end.

Sec. 24.

Minnesota Statutes 2010, section 260C.451, is amended to read:


260C.451 FOSTER CARE BENEFITS deleted text beginTO AGE 21deleted text endnew text begin PAST AGE 18new text end.

Subdivision 1.

Notification deleted text beginof benefitsdeleted text end.

deleted text beginWithin thedeleted text end Six months prior to the child's
18th birthday, the deleted text beginlocaldeleted text endnew text begin responsible social servicesnew text end agency shall deleted text beginadvisedeleted text endnew text begin provide written
notice on a form prescribed by the commissioner of human services to
new text end any child in foster
care under this chapternew text begin who cannot reasonably be expected to return home or have another
legally permanent family by the age of 18
new text end, the child's parents or legal guardian, if any, deleted text beginanddeleted text end
the child'snew text begin guardian ad litem, and the child'snew text end foster parents of the availability of deleted text beginbenefits of
the
deleted text end foster care deleted text beginprogramdeleted text end up to age 21new text begin, when the child is eligible under subdivisions 3 and 3anew text end.

Subd. 2.

Independent living plan.

Upon the request of any child deleted text beginreceivingdeleted text endnew text begin innew text end foster
care deleted text beginbenefitsdeleted text end immediately prior to the child's 18th birthday and who is in foster care at
the time of the request, the deleted text beginlocaldeleted text endnew text begin responsible social servicesnew text end agency shall, in conjunction
with the child and other appropriate parties, update the independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's
employment, vocational, educational, social, or maturational needs. The agency shall
provide continued services and foster care for the child including those services that are
necessary to implement the independent living plan.

Subd. 3.

Eligibilitynew text begin to continue in foster carenew text end.

A child deleted text beginalreadydeleted text end in foster carenew text begin
immediately prior to the child's 18th birthday
new text end may continue in foster care past age 18new text begin
unless:
new text end

new text begin (1) the child can safely return home;
new text end

new text begin (2) the child is in placement pursuant to the agency's duties under section 256B.092
and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to
developmental disability or related condition, and the child will be served as an adult
under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
new text end

new text begin (3) the child can be adopted or have permanent legal and physical custody
transferred to a relative prior to the child's 18th birthday
new text end.

new text begin Subd. 3a. new text end

new text begin Eligibility criteria. new text end

The child must meet at least one of the following
conditions to be considered eligible to continue innew text begin or return tonew text end foster carenew text begin and remain therenew text end
to age 21. The child must be:

(1) completing secondary education or a program leading to an equivalent credential;

(2) enrolled in an institution deleted text beginwhichdeleted text endnew text begin thatnew text end provides postsecondary or vocational
education;

(3) participating in a program or activity designed to promote or remove barriers to
employment;

(4) employed for at least 80 hours per month; or

(5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition.

Subd. 4.

Foster care benefits.

For children between the ages of 18 and 21, "foster
care benefits" means payment for those foster care settings defined in section 260C.007,
subdivision 18. Additionally, foster care benefits means payment for a supervised
settingnew text begin, approved by the responsible social services agency,new text end in which a child may live
independently.

Subd. 5.

deleted text beginPermanent decisiondeleted text endnew text begin Foster care settingnew text end.

The particular foster care
setting, including supervised settings, shall be selectednew text begin by the agency and the childnew text end
based on the best interest of the child consistent with section 260C.212, subdivision 2.
Supervision in approved settings must be determined by an individual determination of
the child's needs by the responsible social services agency and consistent with section
260C.212, subdivision 4a.

Subd. 6.

deleted text beginIndividual plan to age 21deleted text endnew text begin Reentering foster care and accessing services
after age 18
new text end.

new text begin(a) new text endUpon request of an individual between the ages of 18 and 21 whodeleted text begin,
within six months of the individual's 18th birthday,
deleted text end had been under the guardianship of the
commissioner and who has left foster carenew text begin without being adoptednew text end, the responsible social
services agency which had been the commissioner's agent for purposes of the guardianship
shall develop with the individual a plan deleted text beginrelated to the individual's vocational, educational,
social, or maturational needs
deleted text endnew text begin to increase the individual's ability to live safely and
independently using the plan requirements of section 260C.212, subdivision 1, paragraph
(b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in
subdivision 4 if the individual wants to reenter foster care
new text end. The agency shall provide foster
care deleted text beginwith maintenance and counseling benefitsdeleted text end as required to implement the plan. The
agency shall enter into a voluntary placement agreementnew text begin under section 260C.229new text end with the
individual if the plan includes foster care.

new text begin (b) Individuals who had not been under the guardianship of the commissioner of
human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
foster care after age 18 and, to the extent funds are available, the responsible social
services agency that had responsibility for planning for the individual before discharge
from foster care may provide foster care or other services to the individual for the purpose
of increasing the individual's ability to live safely and independently and to meet the
eligibility criteria in subdivision 3a, if the individual:
new text end

new text begin (1) was in foster care for the six consecutive months prior to the person's 18th
birthday and was not discharged home, adopted, or received into a relative's home under a
transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
new text end

new text begin (2) was discharged from foster care while on runaway status after age 15.
new text end

new text begin (c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a specific
plan related to that individual's vocational, educational, social, or maturational needs
and, to the extent funds are available, provide foster care as required to implement the
plan. The agency shall enter into a voluntary placement agreement with the individual
if the plan includes foster care.
new text end

new text begin (d) Youth who left foster care while under guardianship of the commissioner of
human services retain eligibility for foster care for placement at any time between the
ages of 18 and 21.
new text end

Subd. 7.

Jurisdiction.

deleted text beginNotwithstanding that the court retains jurisdiction pursuant
to this section,
deleted text end Individuals in foster care pursuant to this section are adults for all purposes
except the continued provision of foster care. Any order establishing guardianship under
section 260C.325, any legal custody order under section 260C.201, subdivision 1, and
any order for legal custody associated with an order for deleted text beginlong-term foster caredeleted text endnew text begin permanent
custody
new text end under section deleted text begin260C.201, subdivision 11deleted text endnew text begin 260C.515, subdivision 5new text end, terminates on
the child's 18th birthday.new text begin The responsible social services agency has legal responsibility
for the individual's placement and care when the matter continues under court jurisdiction
pursuant to section 260C.193 or when the individual and the responsible agency execute a
voluntary placement agreement pursuant to section 260C.229.
new text end

new text begin Subd. 8. new text end

new text begin Notice of termination of foster care. new text end

new text begin When a child in foster care between
the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the
responsible social services agency shall give the child written notice that foster care will
terminate 30 days from the date the notice is sent. The child or the child's guardian ad
litem may file a motion asking the court to review the agency's determination within 15
days of receiving the notice. The child shall not be discharged from foster care until the
motion is heard. The agency shall work with the child to transition out of foster care as
required under section 260C.203, paragraph (e). The written notice of termination of
benefits shall be on a form prescribed by the commissioner and shall also give notice of
the right to have the agency's determination reviewed by the court in the proceeding where
the court conducts the reviews required under section 260C.203, 260C.317, or 260C.515,
subdivision 5 or 6. A copy of the termination notice shall be sent to the child and the
child's attorney, if any, the foster care provider, the child's guardian ad litem, and the
court. The agency is not responsible for paying foster care benefits for any period of time
after the child actually leaves foster care.
new text end

Sec. 25.

new text begin [260C.503] PERMANENCY PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Required permanency proceedings. new text end

new text begin Except for children in foster
care pursuant to chapter 260D, where the child is in foster care or in the care of a
noncustodial or nonresident parent, the court shall commence proceedings to determine
the permanent status of a child by holding the admit-deny hearing required under section
260C.507 not later than 12 months after the child is placed in foster care or in the care of a
noncustodial or nonresident parent. Permanency proceedings for children in foster care
pursuant to chapter 260D shall be according to section 260D.07.
new text end

new text begin Subd. 2. new text end

new text begin Termination of parental rights. new text end

new text begin (a) The responsible social services
agency must ask the county attorney to immediately file a termination of parental rights
petition when:
new text end

new text begin (1) the child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14;
new text end

new text begin (2) the child is determined to be the sibling of a child who was subjected to
egregious harm;
new text end

new text begin (3) the child is an abandoned infant as defined in section 260C.301, subdivision 3,
paragraph (b), clause (2);
new text end

new text begin (4) the child's parent has lost parental rights to another child through an order
involuntarily terminating the parent's rights;
new text end

new text begin (5) the parent has committed sexual abuse as defined in section 626.556, subdivision
2, against the child or another child of the parent;
new text end

new text begin (6) the parent has committed an offense that requires registration as a predatory
offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
new text end

new text begin (7) another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under this chapter or a
similar law of another jurisdiction;
new text end

new text begin The county attorney shall file a termination of parental rights petition unless the conditions
of paragraph (d) are met.
new text end

new text begin (b) When the termination of parental rights petition is filed under this subdivision,
the responsible social services agency shall identify, recruit, and approve an adoptive
family for the child. If a termination of parental rights petition has been filed by another
party, the responsible social services agency shall be joined as a party to the petition.
new text end

new text begin (c) If criminal charges have been filed against a parent arising out of the conduct
alleged to constitute egregious harm, the county attorney shall determine which matter
should proceed to trial first, consistent with the best interests of the child and subject
to the defendant's right to a speedy trial.
new text end

new text begin (d) The requirement of paragraph (a) does not apply if the responsible social services
agency and the county attorney determine and file with the court:
new text end

new text begin (1) a petition for transfer of permanent legal and physical custody to a relative under
sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption
is not in the child's best interests and that transfer of permanent legal and physical custody
is in the child's best interests; or
new text end

new text begin (2) a petition under section 260C.141 alleging the child, and where appropriate,
the child's siblings, to be in need of protection or services accompanied by a case plan
prepared by the responsible social services agency documenting a compelling reason why
filing a termination of parental rights petition would not be in the best interests of the child.
new text end

new text begin Subd. 3. new text end

new text begin Calculating time to required permanency proceedings. new text end

new text begin (a) For
purposes of this section, the date of the child's placement in foster care is the earlier of
the first court-ordered placement or 60 days after the date on which the child has been
voluntarily placed in foster care by the child's parent or guardian. For purposes of this
section, time spent by a child in the home of the noncustodial parent pursuant to court
order under section 260C.178 or under the protective supervision of the responsible
social services agency in the home of the noncustodial parent pursuant to an order under
section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing
under this section. Time spent on a trial home visit counts towards the requirement of a
permanency hearing under this section and the permanency progress review required
under section 260C.204.
new text end

new text begin (b) For the purposes of this section, 12 months is calculated as follows:
new text end

new text begin (1) during the pendency of a petition alleging that a child is in need of protection
or services, all time periods when a child is placed in foster care or in the home of a
noncustodial parent are cumulated;
new text end

new text begin (2) if a child has been placed in foster care within the previous five years under one
or more previous petitions, the lengths of all prior time periods when the child was placed
in foster care within the previous five years are cumulated. If a child under this clause
has been in foster care for 12 months or more, the court, if it is in the best interests of the
child and for compelling reasons, may extend the total time the child may continue out
of the home under the current petition up to an additional six months before making a
permanency determination.
new text end

new text begin (c) If the child is on a trial home visit 12 months after the child was placed in foster
care or in the care of a noncustodial parent, the responsible social services agency may file
a report with the court regarding the child's and parent's progress on the trial home visit and
the agency's reasonable efforts to finalize the child's safe and permanent return to the care
of the parent in lieu of filing the petition required under section 260C.505. The court shall
make findings regarding the reasonable efforts of the agency to finalize the child's return
home as the permanency disposition order in the best interests of the child. The court may
continue the trial home visit to a total time not to exceed six months as provided in section
260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not
made reasonable efforts to finalize the child's return home as the permanency disposition
order in the child's best interests, the court may order other or additional efforts to support
the child remaining in the care of the parent. If a trial home visit ordered or continued at
permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall
commence or recommence permanency proceedings under this chapter no later than 30
days after the child is returned to foster care or to the care of a noncustodial parent.
new text end

Sec. 26.

new text begin [260C.505] PETITION.
new text end

new text begin (a) A permanency or termination of parental rights petition must be filed at or
prior to the time the child has been in foster care or in the care of a noncustodial or
nonresident parent for 11 months or in the expedited manner required in section 260C.503,
subdivision 2, paragraph (a). The court administrator shall serve the petition as required
in the Minnesota Rules of Juvenile Protection Procedure and section 260C.152 for the
admit-deny hearing on the petition required in section 260C.507.
new text end

new text begin (b) A petition under this section is not required if the responsible social services
agency intends to recommend that the child return to the care of the parent from whom
the child was removed at or prior to the time the court is required to hold the admit-deny
hearing required under section 260C.507.
new text end

Sec. 27.

new text begin [260C.507] ADMIT-DENY HEARING.
new text end

new text begin (a) An admit-deny hearing on the permanency or termination of parental rights
petition shall be held not later than 12 months from the child's placement in foster care or
an order for the child to be in the care of a noncustodial or nonresident parent.
new text end

new text begin (b) An admit-deny hearing on the termination of parental rights or transfer of
permanent legal and physical custody petition required to be immediately filed under
section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing
of the petition.
new text end

new text begin (c) At the admit-deny hearing, the court shall determine whether there is a prima
facie basis for finding that the agency made reasonable efforts, or in the case of an Indian
child active efforts, for reunification as required or that reasonable efforts for reunification
are not required under section 260.012 and proceed according to the Minnesota Rules of
Juvenile Protection Procedure.
new text end

Sec. 28.

new text begin [260C.509] TRIAL.
new text end

new text begin The permanency proceedings shall be conducted in a timely fashion including
that any trial required under section 260C.163 shall be commenced within 60 days of
the admit-deny hearing required under section 260C.507. At the conclusion of the
permanency proceedings, the court shall:
new text end

new text begin (1) order the child returned to the care of the parent or guardian from whom the
child was removed; or
new text end

new text begin (2) order a permanency disposition under section 260C.515 or termination of
parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or
termination of parental rights is in the child's best interests.
new text end

Sec. 29.

new text begin [260C.511] BEST INTERESTS OF THE CHILD.
new text end

new text begin (a) The "best interests of the child" means all relevant factors to be considered
and evaluated.
new text end

new text begin (b) In making a permanency disposition order or termination of parental rights,
the court must be governed by the best interests of the child, including a review of the
relationship between the child and relatives and the child and other important persons with
whom the child has resided or had significant contact.
new text end

Sec. 30.

new text begin [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT
RETURN HOME.
new text end

new text begin (a) Termination of parental rights and adoption, or guardianship to the commissioner
of human services through a consent to adopt are preferred permanency options for a
child who cannot return home. If the court finds that termination of parental rights and
guardianship to the commissioner is not in the child's best interests, the court may transfer
permanent legal and physical custody of the child to a relative when that order is in the
child's best interests.
new text end

new text begin (b) When the court has determined that permanent placement of the child away from
the parent is necessary, the court shall consider permanent alternative homes that are
available both inside and outside the state.
new text end

Sec. 31.

new text begin [260C.515] PERMANENCY DISPOSITION ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Court order required. new text end

new text begin If the child is not returned to the home at or
before the conclusion of permanency proceedings under sections 260C.503 to 260C.521,
the court must order one of the permanency dispositions in this section.
new text end

new text begin Subd. 2. new text end

new text begin Termination of parental rights. new text end

new text begin The court may order:
new text end

new text begin (1) termination of parental rights when the requirements of sections 260C.301 to
260C.328 are met; or
new text end

new text begin (2) the responsible social services agency to file a petition for termination of
parental rights in which case all the requirements of sections 260C.301 to 260C.328
remain applicable.
new text end

new text begin Subd. 3. new text end

new text begin Guardianship; commissioner. new text end

new text begin The court may order guardianship to the
commissioner of human services under the following procedures and conditions:
new text end

new text begin (1) there is an identified prospective adoptive parent agreed to by the responsible
social services agency having legal custody of the child pursuant to court order under this
chapter and that prospective adoptive parent has agreed to adopt the child;
new text end

new text begin (2) the court accepts the parent's voluntary consent to adopt in writing on a form
prescribed by the commissioner, executed before two competent witnesses and confirmed
by the consenting parent before the court or executed before court. The consent shall
contain notice that consent given under this chapter:
new text end

new text begin (i) is irrevocable upon acceptance by the court unless fraud is established and an
order issues permitting revocation as stated in clause (9) unless the matter is governed by
the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
new text end

new text begin (ii) will result in an order that the child is under the guardianship of the commissioner
of human services;
new text end

new text begin (3) a consent executed and acknowledged outside of this state, either in accordance
with the law of this state or in accordance with the law of the place where executed, is
valid;
new text end

new text begin (4) the court must review the matter at least every 90 days under section 260C.317;
new text end

new text begin (5) a consent to adopt under this subdivision vests guardianship of the child with
the commissioner of human services and makes the child a ward of the commissioner of
human services under section 260C.325;
new text end

new text begin (6) the court must forward to the commissioner a copy of the consent to adopt,
together with a certified copy of the order transferring guardianship to the commissioner;
new text end

new text begin (7) if an adoption is not finalized by the identified prospective adoptive parent within
six months of the execution of the consent to adopt under this clause, the responsible
social services agency shall pursue adoptive placement in another home unless the court
finds in a hearing under section 260C.317 that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent;
new text end

new text begin (8) notwithstanding clause (7), the responsible social services agency must pursue
adoptive placement in another home as soon as the agency determines that finalization
of the adoption with the identified prospective adoptive parent is not possible, that the
identified prospective adoptive parent is not willing to adopt the child, or that the identified
prospective adoptive parent is not cooperative in completing the steps necessary to finalize
the adoption;
new text end

new text begin (9) unless otherwise required by the Indian Child Welfare Act, United States Code,
title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable
upon acceptance by the court except upon order permitting revocation issued by the same
court after written findings that consent was obtained by fraud.
new text end

new text begin Subd. 4. new text end

new text begin Custody to relative. new text end

new text begin The court may order permanent legal and physical
custody to a relative in the best interests of the child according to the following conditions:
new text end

new text begin (1) an order for transfer of permanent legal and physical custody to a relative shall
only be made after the court has reviewed the suitability of the prospective legal and
physical custodian;
new text end

new text begin (2) in transferring permanent legal and physical custody to a relative, the juvenile
court shall follow the standards applicable under this chapter and chapter 260, and the
procedures in the Minnesota Rules of Juvenile Protection Procedure;
new text end

new text begin (3) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;
new text end

new text begin (4) a permanent legal and physical custodian may not return a child to the permanent
care of a parent from whom the court removed custody without the court's approval and
without notice to the responsible social services agency;
new text end

new text begin (5) the social services agency may file a petition naming a fit and willing relative as
a proposed permanent legal and physical custodian;
new text end

new text begin (6) another party to the permanency proceeding regarding the child may file a
petition to transfer permanent legal and physical custody to a relative, but the petition must
be filed not later than the date for the required admit/deny hearing under section 260C.507;
or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must
be filed not later than 30 days prior to the trial required under section 260C.509; and
new text end

new text begin (7) the juvenile court may maintain jurisdiction over the responsible social services
agency, the parents or guardian of the child, the child, and the permanent legal and
physical custodian for purposes of ensuring appropriate services are delivered to the child
and permanent legal custodian for the purpose of ensuring conditions ordered by the court
related to the care and custody of the child are met.
new text end

new text begin Subd. 5. new text end

new text begin Permanent custody to agency. new text end

new text begin The court may order permanent custody to
the responsible social services agency for continued placement of the child in foster care
but only if it approves the responsible social services agency's compelling reasons that no
other permanency disposition order is in the child's best interests, and:
new text end

new text begin (1) the child has reached age 12;
new text end

new text begin (2) the child is a sibling of a child described in clause (1) and the siblings have a
significant positive relationship and are ordered into the same foster home;
new text end

new text begin (3) the responsible social services agency has made reasonable efforts to locate and
place the child with an adoptive family or a fit and willing relative who would either agree
to adopt the child or to a transfer of permanent legal and physical custody of the child, but
these efforts have not proven successful; and
new text end

new text begin (4) the parent will continue to have visitation or contact with the child and will
remain involved in planning for the child.
new text end

new text begin Subd. 6. new text end

new text begin Temporary legal custody to agency. new text end

new text begin The court may order temporary legal
custody to the responsible social services agency for continued placement of the child in
foster care for a specified period of time according to the following conditions:
new text end

new text begin (1) the sole basis for an adjudication that the child is in need of protection or services
is the child's behavior;
new text end

new text begin (2) the court finds that foster care for a specified period of time is in the best interests
of the child;
new text end

new text begin (3) the court approves the responsible social services agency's compelling reasons
that neither an award of permanent legal and physical custody to a relative, nor termination
of parental rights is in the child's best interests; and
new text end

new text begin (4) the order specifies that the child continue in foster care no longer than one year.
new text end

Sec. 32.

new text begin [260C.517] FINDINGS AND CONTENT OF ORDER FOR
PERMANENCY DISPOSITION.
new text end

new text begin (a) Except for an order terminating parental rights, an order permanently placing
a child out of the home of the parent or guardian must include the following detailed
findings:
new text end

new text begin (1) how the child's best interests are served by the order;
new text end

new text begin (2) the nature and extent of the responsible social services agency's reasonable
efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent
or guardian where reasonable efforts are required;
new text end

new text begin (3) the parent's or parents' efforts and ability to use services to correct the conditions
which led to the out-of-home placement; and
new text end

new text begin (4) that the conditions which led to the out-of-home placement have not been
corrected so that the child can safely return home.
new text end

new text begin (b) The court shall issue an order required under section 260C.515 and this section
within 15 days of the close of the proceedings. The court may extend issuing the order
an additional 15 days when necessary in the interests of justice and the best interests of
the child.
new text end

Sec. 33.

new text begin [260C.519] FURTHER COURT HEARINGS.
new text end

new text begin Once a permanency disposition order has been made, further court hearings are
necessary if:
new text end

new text begin (1) the child is ordered on a trial home visit or under the protective supervision
of the responsible social services agency;
new text end

new text begin (2) the child continues in foster care;
new text end

new text begin (3) the court orders further hearings in a transfer of permanent legal and physical
custody matter including if a party seeks to modify an order under section 260C.521,
subdivision 2;
new text end

new text begin (4) an adoption has not yet been finalized; or
new text end

new text begin (5) the child returns to foster care after the court has entered an order for a
permanency disposition under this section.
new text end

Sec. 34.

new text begin [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION
ORDER.
new text end

new text begin Subdivision 1. new text end

new text begin Child in permanent custody of responsible social services agency.
new text end

new text begin (a) Court reviews of an order for permanent custody to the responsible social services
agency for placement of the child in foster care must be conducted at least yearly at an
in-court appearance hearing.
new text end

new text begin (b) The purpose of the review hearing is to ensure:
new text end

new text begin (1) the order for permanent custody to the responsible social services agency for
placement of the child in foster care continues to be in the best interests of the child and
that no other permanency disposition order is in the best interests of the child;
new text end

new text begin (2) that the agency is assisting the child to build connections to the child's family
and community; and
new text end

new text begin (3) that the agency is appropriately planning with the child for development of
independent living skills for the child, and as appropriate, for the orderly and successful
transition to independent living that may occur if the child continues in foster care without
another permanency disposition order.
new text end

new text begin (c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the agency to finalize an alternative permanent plan for the child including the
agency's efforts to:
new text end

new text begin (1) ensure that permanent custody to the agency with placement of the child in
foster care continues to be the most appropriate legal arrangement for meeting the child's
need for permanency and stability or, if not, to identify and attempt to finalize another
permanency disposition order under this chapter that would better serve the child's needs
and best interests;
new text end

new text begin (2) identify a specific foster home for the child, if one has not already been identified;
new text end

new text begin (3) support continued placement of the child in the identified home, if one has been
identified;
new text end

new text begin (4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of foster care and also ensure
appropriate services or assistance to maintain relationships with appropriate family
members and the child's community; and
new text end

new text begin (5) plan for the child's independence upon the child's leaving foster care living as
required under section 260C.212, subdivision 1.
new text end

new text begin (d) The court may find that the agency has made reasonable efforts to finalize the
permanent plan for the child when:
new text end

new text begin (1) the agency has made reasonable efforts to identify a more legally permanent
home for the child than is provided by an order for permanent custody to the agency
for placement in foster care; and
new text end

new text begin (2) the agency's engagement of the child in planning for independent living is
reasonable and appropriate.
new text end

new text begin Subd. 2. new text end

new text begin Modifying an order for permanent legal and physical custody to a
relative.
new text end

new text begin An order for a relative to have permanent legal and physical custody of a child
may be modified using standards under sections 518.18 and 518.185. The social services
agency is a party to the proceeding and must receive notice.
new text end

new text begin Subd. 3. new text end

new text begin Modifying order for permanent custody to agency for placement in
foster care.
new text end

new text begin (a) A parent may seek modification of an order for permanent custody of the
child to the responsible social services agency for placement in foster care upon motion
and a showing by the parent of a substantial change in the parent's circumstances such
that the parent could provide appropriate care for the child and that removal of the child
from the permanent custody of the agency and the return to the parent's care would be
in the best interests of the child.
new text end

new text begin (b) The responsible social services agency may ask the court to vacate an order for
permanent custody to the agency upon a petition and hearing pursuant to section 260C.163
establishing the basis for the court to order another permanency disposition under this
chapter, including termination of parental rights based on abandonment if the parent
has not visited the child, maintained contact with the child, or participated in planning
for the child as required under section 260C.515, subdivision 5. The responsible social
services agency must establish that the proposed permanency disposition order is in the
child's best interests. Upon a hearing where the court determines the petition is proved,
the court may vacate the order for permanent custody and enter a different order for a
permanent disposition that is in the child's best interests. The court shall not require further
reasonable efforts to reunify the child with the parent or guardian as a basis for vacating
the order for permanent custody to the agency and ordering a different permanency
disposition in the child's best interests. The county attorney must file the petition and give
notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to
modify an order for permanent custody under this subdivision.
new text end

Sec. 35. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2012.
new text end

ARTICLE 5

CHILD SUPPORT

Section 1.

Minnesota Statutes 2011 Supplement, section 256.01, subdivision 14b,
is amended to read:


Subd. 14b.

American Indian child welfare projects.

(a) The commissioner of
human services may authorize projects to test tribal delivery of child welfare services to
American Indian children and their parents and custodians living on the reservation.
The commissioner has authority to solicit and determine which tribes may participate
in a project. Grants may be issued to Minnesota Indian tribes to support the projects.
The commissioner may waive existing state rules as needed to accomplish the projects.
Notwithstanding section 626.556, the commissioner may authorize projects to use
alternative methods of investigating and assessing reports of child maltreatment, provided
that the projects comply with the provisions of section 626.556 dealing with the rights
of individuals who are subjects of reports or investigations, including notice and appeal
rights and data practices requirements. The commissioner may seek any federal approvals
necessary to carry out the projects as well as seek and use any funds available to the
commissioner, including use of federal funds, foundation funds, existing grant funds,
and other funds. The commissioner is authorized to advance state funds as necessary to
operate the projects. Federal reimbursement applicable to the projects is appropriated
to the commissioner for the purposes of the projects. The projects must be required to
address responsibility for safety, permanency, and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under
deleted text begin 18 years of agedeleted text endnew text begin 21 years old andnew text end who is a tribal member or eligible for membership in
one of the tribes chosen for a project under this subdivision and who is residing on the
reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment
have occurred;

(4) have capacity to respond to reports of abuse and neglect under section 626.556;

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of
providing child welfare services to American Indian children on the tribe's reservation,
including costs associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective
purposes; and

(5) other activities and services approved by the commissioner that further the goals
of providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner
to assume child welfare responsibilities for American Indian children of that tribe under
this section, the affected county social service agency is relieved of responsibility for
responding to reports of abuse and neglect under section 626.556 for those children
during the time within which the tribal project is in effect and funded. The commissioner
shall work with tribes and affected counties to develop procedures for data collection,
evaluation, and clarification of ongoing role and financial responsibilities of the county
and tribe for child welfare services prior to initiation of the project. Children who have not
been identified by the tribe as participating in the project shall remain the responsibility
of the county. Nothing in this section shall alter responsibilities of the county for law
enforcement or court services.

(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services
under section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In
establishing a local child mortality review panel, the tribe agrees to conduct local child
mortality reviews for child deaths or near-fatalities occurring on the reservation under
subdivision 12. Tribes with established child mortality review panels shall have access
to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c)
to (e). The tribe shall provide written notice to the commissioner and affected counties
when a local child mortality review panel has been established and shall provide data upon
request of the commissioner for purposes of sharing nonpublic data with members of the
state child mortality review panel in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.

(i) In consultation with the White Earth Band, the commissioner shall develop
and submit to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services a plan to transfer legal responsibility
for providing child protective services to White Earth Band member children residing in
Hennepin County to the White Earth Band. The plan shall include a financing proposal,
definitions of key terms, statutory amendments required, and other provisions required to
implement the plan. The commissioner shall submit the plan by January 15, 2012.

Sec. 2.

Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:


Subd. 7.

Hospital and Department of Health deleted text begindistribution of educational
materials
deleted text end; recognition form.

Hospitals that provide obstetric services and the state
registrar of vital statistics shall distribute the educational materials and recognition of
parentage forms prepared by the commissioner of human services to new parentsnew text begin;new text end deleted text beginanddeleted text end shall
assist parents in understanding the recognition of parentage form, including following
the provisions for notice under subdivision 5new text begin; shall provide notary services for parents
who complete the recognition of parentage form; and shall timely file the completed
recognition of parentage form with the Office of the State Registrar of Vital Statistics
unless otherwise instructed by the Office of the State Registrar of Vital Statistics
new text end. On and
after January 1, 1994, hospitals may not distribute the declaration of parentage forms.

Sec. 3.

Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to read:


Subd. 4.

Change in child care.

(a) When a court order provides for child care
expenses, and child care support is not assigned under section 256.741, the public
authority, if the public authority provides child support enforcement services, deleted text beginmustdeleted text endnew text begin maynew text end
suspend collecting the amount allocated for child care expenses whendeleted text begin:
deleted text end

deleted text begin (1)deleted text end either party informs the public authority that no child care costs are being
incurreddeleted text begin;deleted text end andnew text begin:
new text end

deleted text begin (2)deleted text endnew text begin (1)new text end the public authority verifies the accuracy of the information with the obligeedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (2) the obligee fails to respond within 30 days of the date of a written request
from the public authority for information regarding child care costs. A written or oral
response from the obligee that child care costs are being incurred is sufficient for the
public authority to continue collecting child care expenses.
new text end

The suspension is effective as of the first day of the month following the date that the
public authority deleted text beginreceived the verificationdeleted text endnew text begin either verified the information with the obligee
or the obligee failed to respond
new text end. The public authority will resume collecting child care
expenses when either party provides information that child care costs deleted text beginhave resumeddeleted text endnew text begin are
incurred
new text end, or when a child care support assignment takes effect under section 256.741,
subdivision 4. The resumption is effective as of the first day of the month after the date
that the public authority received the information.

(b) If the parties provide conflicting information to the public authority regarding
whether child care expenses are being incurred, deleted text beginor if the public authority is unable to
verify with the obligee that no child care costs are being incurred,
deleted text end the public authority will
continue or resume collecting child care expenses. Either party, by motion to the court,
may challenge the suspension, continuation, or resumption of the collection of child care
expenses under this subdivision. If the public authority suspends collection activities
for the amount allocated for child care expenses, all other provisions of the court order
remain in effect.

(c) In cases where there is a substantial increase or decrease in child care expenses,
the parties may modify the order under section 518A.39.

Sec. 4.

Minnesota Statutes 2010, section 518C.205, is amended to read:


518C.205 CONTINUING, EXCLUSIVE JURISDICTION.

(a) A tribunal of this state issuing a support order consistent with the law of this state
has continuing, exclusive jurisdiction over a child support ordernew text begin unlessnew text end:

(1) deleted text beginas long asdeleted text end this state deleted text beginremainsdeleted text endnew text begin is no longer new text end the residence of the obligor, the
individual obligee, deleted text beginordeleted text endnew text begin andnew text end the child for whose benefit the support order is issued; or

(2) deleted text beginuntildeleted text end all of the parties who are individuals have filed written consents with
the tribunal of this state for a tribunal of another state to modify the order and assume
continuing, exclusive jurisdiction.

(b) A tribunal of this state issuing a child support order consistent with the law of
this state may not exercise its continuing jurisdiction to modify the order if the order has
been modified by a tribunal of another state pursuant to this chapter or a law substantially
similar to this chapter.

(c) If a child support order of this state is modified by a tribunal of another state
pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state
loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the
order issued in this state, and may only:

(1) enforce the order that was modified as to amounts accruing before the
modification;

(2) enforce nonmodifiable aspects of that order; and

(3) provide other appropriate relief for violations of that order which occurred before
the effective date of the modification.

(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a
tribunal of another state which has issued a child support order pursuant to this chapter or
a law substantially similar to this chapter.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(f) A tribunal of this state issuing a support order consistent with the law of this
state has continuing, exclusive jurisdiction over a spousal support order throughout the
existence of the support obligation. A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having continuing, exclusive jurisdiction
over that order under the law of that state.

Sec. 5. new text beginRECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
new text end

new text begin The commissioner of human services shall initiate procedures no later than October
1, 2012, to enter into a reciprocal agreement with Bermuda for the establishment and
enforcement of child support obligations pursuant to United States Code, title 42, section
659a(d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon Bermuda's written acceptance
and agreement to enforce Minnesota child support orders. If Bermuda does not accept and
declines to enforce Minnesota orders, this section expires October 1, 2013.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2012.
new text end

ARTICLE 6

TECHNICAL AND CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2010, section 257.01, is amended to read:


257.01 RECORDS REQUIRED.

Each person or authorized child-placing agency permitted by law to receive children,
secure homes for children, or care for children, shall keep a record containing the name,
age, former residence, legal status, health records, sex, race, and accumulated length of
time in foster care, if applicable, of each child received; the name, former residence,
occupation, health history, and character, of each birth parent; the date of reception,
placing out, and adoption of each child, and the name, race, occupation, and residence of
the person with whom a child is placed; the date of the removal of any child to another
home and the reason for removal; the date of termination of the guardianship; the history
of each child until the child reaches the age of deleted text begin18deleted text endnew text begin 21new text end years, is legally adopted, or is
discharged according to law; and further demographic and other information as is required
by the commissioner of human services.

Sec. 2.

Minnesota Statutes 2010, section 259.69, is amended to read:


259.69 TRANSFER OF FUNDS.

The commissioner of human services may transfer funds into the deleted text beginsubsidizeddeleted text end adoptionnew text begin
assistance
new text end account when a deficit in the deleted text beginsubsidizeddeleted text end adoptionnew text begin assistancenew text end program occurs.

Sec. 3.

Minnesota Statutes 2010, section 259.73, is amended to read:


259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.

deleted text begin The commissioner of human services shall provide reimbursement of up to $2,000
to the adoptive parent or parents for costs incurred in adopting a child with special
needs. The commissioner shall determine the child's eligibility for adoption expense
reimbursement under title IV-E of the Social Security Act, United States Code, title 42,
sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly
related to the legal adoption of the child.
deleted text end new text begin An individual may apply for reimbursement for
costs incurred in an adoption of a child with special needs under section 259A.70.
new text end

Sec. 4.

Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:


Subdivision 1.

Voluntary and involuntary.

The juvenile court may upon petition,
terminate all rights of a parent to a child:

(a) with the written consent of a parent who for good cause desires to terminate
parental rights; or

(b) if it finds that one or more of the following conditions exist:

(1) that the parent has abandoned the child;

(2) that the parent has substantially, continuously, or repeatedly refused or neglected
to comply with the duties imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary food, clothing, shelter,
education, and other care and control necessary for the child's physical, mental, or
emotional health and development, if the parent is physically and financially able, and
either reasonable efforts by the social services agency have failed to correct the conditions
that formed the basis of the petition or reasonable efforts would be futile and therefore
unreasonable;

(3) that a parent has been ordered to contribute to the support of the child or
financially aid in the child's birth and has continuously failed to do so without good cause.
This clause shall not be construed to state a grounds for termination of parental rights of a
noncustodial parent if that parent has not been ordered to or cannot financially contribute
to the support of the child or aid in the child's birth;

(4) that a parent is palpably unfit to be a party to the parent and child relationship
because of a consistent pattern of specific conduct before the child or of specific conditions
directly relating to the parent and child relationship either of which are determined by
the court to be of a duration or nature that renders the parent unable, for the reasonably
foreseeable future, to care appropriately for the ongoing physical, mental, or emotional
needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent
and child relationship upon a showing that the parent's parental rights to one or more other
children were involuntarily terminated or that the parent's custodial rights to another child
have been involuntarily transferred to a relative under section 260C.201, subdivision 11,
paragraph (e), clause (1), or a similar law of another jurisdiction;

(5) that following the child's placement out of the home, reasonable efforts, under the
direction of the court, have failed to correct the conditions leading to the child's placement.
It is presumed that reasonable efforts under this clause have failed upon a showing that:

(i) a child has resided out of the parental home under court order for a cumulative
period of 12 months within the preceding 22 months. In the case of a child under age eight
at the time the petition was filed alleging the child to be in need of protection or services,
the presumption arises when the child has resided out of the parental home under court
order for six months unless the parent has maintained regular contact with the child and
the parent is complying with the out-of-home placement plan;

(ii) the court has approved the out-of-home placement plan required under section
260C.212 and filed with the court under section 260C.178;

(iii) conditions leading to the out-of-home placement have not been corrected. It
is presumed that conditions leading to a child's out-of-home placement have not been
corrected upon a showing that the parent or parents have not substantially complied with
the court's orders and a reasonable case plan; and

(iv) reasonable efforts have been made by the social services agency to rehabilitate
the parent and reunite the family.

This clause does not prohibit the termination of parental rights prior to one year, or
in the case of a child under age eight, prior to six months after a child has been placed
out of the home.

It is also presumed that reasonable efforts have failed under this clause upon a
showing that:

(A) the parent has been diagnosed as chemically dependent by a professional
certified to make the diagnosis;

(B) the parent has been required by a case plan to participate in a chemical
dependency treatment program;

(C) the treatment programs offered to the parent were culturally, linguistically,
and clinically appropriate;

(D) the parent has either failed two or more times to successfully complete a
treatment program or has refused at two or more separate meetings with a caseworker
to participate in a treatment program; and

(E) the parent continues to abuse chemicals.

(6) that a child has experienced egregious harm in the parent's care which is of a
nature, duration, or chronicity that indicates a lack of regard for the child's well-being,
such that a reasonable person would believe it contrary to the best interest of the child
or of any child to be in the parent's care;

(7) that in the case of a child born to a mother who was not married to the child's
father when the child was conceived nor when the child was born the person is not entitled
to notice of an adoption hearing under section 259.49 and the person has not registered
with the fathers' adoption registry under section 259.52;

(8) that the child is neglected and in foster care; or

(9) that the parent has been convicted of a crime listed in section 260.012, paragraph
(g)
, clauses (1) to deleted text begin(3)deleted text endnew text begin (5)new text end.

In an action involving an American Indian child, sections 260.751 to 260.835 and
the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control
to the extent that the provisions of this section are inconsistent with those laws.

Sec. 5.

Minnesota Statutes 2010, section 260D.08, is amended to read:


260D.08 ANNUAL REVIEW.

(a) After the court conducts a permanency review hearing under section 260D.07,
the matter must be returned to the court for further review of the new text beginresponsible social
services reasonable efforts to finalize the permanent plan for the child and the
new text endchild's foster
care placement at least every 12 months while the child is in foster care. The court shall
give notice to the parent and child, age 12 or older, and the foster parents of the continued
review requirements under this section at the permanency review hearing.

(b) Every 12 months, the court shall determine whether the agency made reasonable
efforts to finalize the permanency plan for the child, which means the exercise of due
diligence by the agency to:

(1) ensure that the agreement for voluntary foster care is the most appropriate legal
arrangement to meet the child's safety, health, and best interestsnew text begin and to conduct a genuine
examination of whether there is another permanency disposition order under chapter
260C, including returning the child home, that would better serve the child's need for a
stable and permanent home
new text end;

(2) engage and support the parent in continued involvement in planning and decision
making for the needs of the child;

(3) strengthen the child's ties to the parent, relatives, and community;

(4) implement the out-of-home placement plan required under section 260C.212,
subdivision 1, and ensure that the plan requires the provision of appropriate services to
address the physical health, mental health, and educational needs of the child; and

(5) ensure appropriate planning for the child's safe, permanent, and independent
living arrangement after the child's 18th birthday.

Sec. 6.

new text begin [611.012] DISPOSITION OF CHILD OF PARENT ARRESTED.
new text end

new text begin A peace officer who arrests a person accompanied by a child of the person may
release the child to any person designated by the parent unless it is necessary to remove
the child under section 260C.175 because the child is found in surroundings or conditions
which endanger the child's health or welfare or which the peace officer reasonably believes
will endanger the child's health or welfare. An officer releasing a child under this section
to a person designated by the parent has no civil or criminal liability for the child's release.
new text end

Sec. 7.

Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abusenew text begin which includes the status of a parent or household member
who has committed a violation which requires registration as an offender under section
243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
243.166, subdivision 1b, paragraph (a) or (b)
new text end.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, deleted text beginordeleted text end medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substancenew text begin, or the
presence of a fetal alcohol spectrum disorder
new text end;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(q) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

Sec. 8.

Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report.

(a) Upon receipt of a report, the local welfare agency shall determine
whether to conduct a family assessment or an investigation as appropriate to prevent or
provide a remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege substantial child
endangerment. In determining that a family assessment is appropriate, the local welfare
agency may consider issues of child safety, parental cooperation, and the need for an
immediate response; and

(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
local law enforcement agency and local welfare agency shall coordinate the planning and
execution of their respective investigation and assessment efforts to avoid a duplication of
fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment occurred. When necessary the
local welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the
local welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.

(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place appropriate for the interview of a
child designated by the local welfare agency or law enforcement agency. The interview
may take place outside the presence of the alleged offender or parent, legal custodian,
guardian, or school official. For family assessments, it is the preferred practice to request
a parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as provided in
this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the conclusion of the investigation
or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable cause exists, the agency
withhold notification of this interview from the parent, legal custodian, or guardian. If the
interview took place or is to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal custodian, or guardian the contents
of the notification of intent to interview the child on school property, as provided under
this paragraph, and any other related information regarding the interview that may be a
part of the child's school record. A copy of the order shall be sent by the local welfare or
law enforcement agency to the appropriate school official.

(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for deleted text beginassessing ordeleted text end investigating the report
may make a determination of no maltreatment early in an deleted text beginassessmentdeleted text endnew text begin investigationnew text end, and
close the case and retain immunity, if the collected information shows no basis for a
full deleted text beginassessment ordeleted text end investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by the
local welfare agency or the agency responsible for assessing or investigating the report
during the course of the assessment or investigation are private data on individuals and
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the data's
classification as educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.

(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.

Sec. 9.

Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt
of the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurreddeleted text begin;deleted text end andnew text begin,new text end second, whether child
protective services are needed.new text begin No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.
new text end

(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all other cases,
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment alleged
as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for the
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private data
on individuals or nonpublic data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (g);

(2) neglect as defined in subdivision 2, paragraph (f);

(3) sexual abuse as defined in subdivision 2, paragraph (d);

(4) mental injury as defined in subdivision 2, paragraph (m); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).

(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker, as
defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the child
from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical care
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility training,
an individual's participation in the training, the caregiver's supervision, and facility staffing
levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the individual and
the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing
actions under sections 245A.06 or 245A.07 apply.

(k) Individual counties may implement more detailed definitions or criteria that
indicate which allegations to investigate, as long as a county's policies are consistent
with the definitions in the statutes and rules and are approved by the county board. Each
local welfare agency shall periodically inform mandated reporters under subdivision 3
who work in the county of the definitions of maltreatment in the statutes and rules and any
additional definitions or criteria that have been approved by the county board.

Sec. 10.

Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:


Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian
of the child of the need for services to address child safety concerns or significant risk
of subsequent child maltreatment. The local welfare agency and the family may also
jointly agree that family support and family preservation services are needed. Within ten
working days of the conclusion of an investigation, the local welfare agency or agency
responsible for deleted text beginassessing ordeleted text end investigating the report shall notify the parent or guardian
of the child, the person determined to be maltreating the child, and if applicable, the
director of the facility, of the determination and a summary of the specific reasons for
the determination. When the investigation involves a child foster care setting that is
monitored by a private licensing agency under section 245A.16, the local welfare agency
responsible for deleted text beginassessing ordeleted text end investigating the report shall notify the private licensing
agency of the determination and shall provide a summary of the specific reasons for
the determination. The notice to the private licensing agency must include identifying
private data, but not the identity of the reporter of maltreatment. The notice must also
include a certification that the information collection procedures under subdivision 10,
paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to
obtain access to other private data on the subject collected, created, or maintained under
this section. In addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. The investigating agency shall notify the parent or guardian
of the child who is the subject of the report, and any person or facility determined to
have maltreated a child, of their appeal or review rights under this section or section
256.022. The notice must also state that a finding of maltreatment may result in denial of a
license application or background study disqualification under chapter 245C related to
employment or services that are licensed by the Department of Human Services under
chapter 245A, the Department of Health under chapter 144 or 144A, the Department of
Corrections under section 241.021, and from providing services related to an unlicensed
personal care provider organization under chapter 256B.

Sec. 11.

Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:


Subd. 10i.

Administrative reconsideration; review panel.

(a) Administrative
reconsideration is not applicable in family assessments since no determination concerning
maltreatment is made. For investigations, except as provided under paragraph (e), an
individual or facility that the commissioner of human services, a local social service
agency, or the commissioner of education determines has maltreated a child, an interested
person acting on behalf of the child, regardless of the determination, who contests
the investigating agency's final determination regarding maltreatment, may request the
investigating agency to reconsider its final determination regarding maltreatment. The
request for reconsideration must be submitted in writing to the investigating agency within
15 calendar days after receipt of notice of the final determination regarding maltreatment
or, if the request is made by an interested person who is not entitled to notice, within
15 days after receipt of the notice by the parent or guardian of the child. If mailed, the
request for reconsideration must be postmarked and sent to the investigating agency
within 15 calendar days of the individual's or facility's receipt of the final determination. If
the request for reconsideration is made by personal service, it must be received by the
investigating agency within 15 calendar days after the individual's or facility's receipt of the
final determination. Effective January 1, 2002, an individual who was determined to have
maltreated a child under this section and who was disqualified on the basis of serious or
recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
of the maltreatment determination and the disqualification. The request for reconsideration
of the maltreatment determination and the disqualification must be submitted within 30
calendar days of the individual's receipt of the notice of disqualification under sections
245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
determination and the disqualification must be postmarked and sent to the investigating
agency within 30 calendar days of the individual's receipt of the maltreatment
determination and notice of disqualification. If the request for reconsideration is made by
personal service, it must be received by the investigating agency within 30 calendar days
after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the investigating agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under
section 256.045 may submit to the commissioner of human services or the commissioner
of education a written request for a hearing under that section. Section 256.045 also
governs hearings requested to contest a final determination of the commissioner of
education. deleted text beginFor reports involving maltreatment of a child in a facility, an interested person
acting on behalf of the child may request a review by the Child Maltreatment Review
Panel under section 256.022 if the investigating agency denies the request or fails to act
upon the request or if the interested person contests a reconsidered determination.
deleted text end The
investigating agency shall notify persons who request reconsideration of their rights under
this paragraph. deleted text beginThe request must be submitted in writing to the review panel and a copy
sent to the investigating agency within 30 calendar days of receipt of notice of a denial
of a request for reconsideration or of a reconsidered determination. The request must
specifically identify the aspects of the agency determination with which the person is
dissatisfied.
deleted text endnew text begin The hearings specified under this section are the only administrative appeal of
a decision issued under paragraph (a). Determinations under this section are not subject to
accuracy and completeness challenges under section 13.04.
new text end

(c) If, as a result of a reconsideration or review, the investigating agency changes
the final determination of maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.

(d) Except as provided under paragraph (f), if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human services shall assure that the
hearing is conducted and a decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended for as many days as the
hearing is postponed or the record is held open for the benefit of either party.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on
the basis of a determination of maltreatment, which was serious or recurring, and
the individual has requested reconsideration of the maltreatment determination under
paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
disqualification shall be consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied and the individual remains disqualified
following a reconsideration decision, the individual may request a fair hearing under
section 256.045. If an individual requests a fair hearing on the maltreatment determination
and the disqualification, the scope of the fair hearing shall include both the maltreatment
determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, subdivision 2a, the scope of the contested case hearing shall
include the maltreatment determination, disqualification, and licensing sanction or denial
of a license. In such cases, a fair hearing regarding the maltreatment determination and
disqualification shall not be conducted under section 256.045. Except for family child
care and child foster care, reconsideration of a maltreatment determination as provided
under this subdivision, and reconsideration of a disqualification as provided under section
245C.22, shall also not be conducted when:

(1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under chapter 245C, the hearings of all
parties may be consolidated into a single contested case hearing upon consent of all parties
and the administrative law judge.

(g) For purposes of this subdivision, "interested person acting on behalf of the
child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
determined to be the perpetrator of the maltreatment.

Sec. 12.

Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to
read:


Subd. 10k.

Release of certainnew text begin assessment ornew text end investigative records to other
counties.

Records maintained under subdivision 11c, paragraph (a), may be shared with
another local welfare agency that requests the information because it is conducting annew text begin
assessment or
new text end investigation under this section of the subject of the records.

Sec. 13. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
in column A with the number listed in column B.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 259.69
new text end
new text begin 259A.05, subd. 5
new text end
new text begin 260C.217
new text end
new text begin 260C.139
new text end
new text begin 260C.501
new text end
new text begin 260C.177
new text end
new text begin 260C.201, subd. 10
new text end
new text begin 260C.202
new text end
new text begin 260C.212, subd. 7
new text end
new text begin 260C.203
new text end
new text begin 260C.201, subd. 11a
new text end
new text begin 260C.204
new text end
new text begin 260C.212, subd. 4
new text end
new text begin 260C.219
new text end
new text begin 260C.212, subd. 5
new text end
new text begin 260C.221
new text end
new text begin 260C.213
new text end
new text begin 260C.223
new text end
new text begin 260C.206
new text end
new text begin 260C.225
new text end
new text begin 260C.212, subd. 8
new text end
new text begin 260C.227
new text end
new text begin 260C.212, subd. 6
new text end
new text begin 260C.521, subd. 4
new text end
new text begin 260C.205
new text end
new text begin 260D.11
new text end

new text begin (b) The revisor of statutes shall make necessary cross-reference changes in
Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and
2 and the renumbering in paragraph (a).
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201,
subdivision 11; 260C.215, subdivision 2; and 260C.456,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091;
9560.0093, subparts 1, 3, and 4; 9560.0101; and 9560.0102,
new text end new text begin are repealed.
new text end

Sec. 15. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2012.
new text end

ARTICLE 7

CHILD CARE

Section 1.

Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read:


Subd. 7.

Date of eligibility for assistance.

(a) The date of eligibility for child care
assistance under this chapter is the later of the date the application was deleted text beginsigneddeleted text endnew text begin received by
the county
new text end; the beginning date of employment, education, or training; the date the infant is
born for applicants to the at-home infant care program; or the date a determination has
been made that the applicant is a participant in employment and training services under
Minnesota Rules, part 3400.0080, or chapter 256J.

(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section 119B.035.
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP or DWP participants in employment and training services is effective
the date of commencement of the services or the date of MFIP or DWP eligibility,
whichever is later. Payment of child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year child care.

(c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05 may only be made retroactive for a maximum of six
months from the date of application for child care assistance.

Sec. 2.

Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:


Subdivision 1.

Fee schedule.

All changes to parent fees must be implemented on
the first Monday of the service period following the effective date of the change.

PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
in subdivision 2:

Income Range (as a percent of the state
median income, except at the start of the
first tier)
Co-payment (as a percentage of adjusted
gross income)
0-74.99% of federal poverty guidelines
$0/deleted text beginmonthdeleted text endnew text begin biweekly
new text end
75.00-99.99% of federal poverty guidelines
deleted text begin $5/month deleted text end new text begin $2/biweekly
new text end
100.00% of federal poverty
guidelines-27.72%
2.61%
27.73-29.04%
2.61%
29.05-30.36%
2.61%
30.37-31.68%
2.61%
31.69-33.00%
2.91%
33.01-34.32%
2.91%
34.33-35.65%
2.91%
35.66-36.96%
2.91%
36.97-38.29%
3.21%
38.30-39.61%
3.21%
39.62-40.93%
3.21%
40.94-42.25%
3.84%
42.26-43.57%
3.84%
43.58-44.89%
4.46%
44.90-46.21%
4.76%
46.22-47.53%
5.05%
47.54-48.85%
5.65%
48.86-50.17%
5.95%
50.18-51.49%
6.24%
51.50-52.81%
6.84%
52.82-54.13%
7.58%
54.14-55.45%
8.33%
55.46-56.77%
9.20%
56.78-58.09%
10.07%
58.10-59.41%
10.94%
59.42-60.73%
11.55%
60.74-62.06%
12.16%
62.07-63.38%
12.77%
63.39-64.70%
13.38%
64.71-deleted text begin66.99deleted text endnew text begin 67.00new text end%
14.00%
new text beginGreater than new text end67.00%
ineligible

A family's deleted text beginmonthlydeleted text endnew text begin biweeklynew text end co-payment fee is the fixed percentage established for
the income range multiplied by the highest possible income within that income range.

Sec. 3.

Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:


Subd. 2.

Parent fee.

A family must be assessed a parent fee for each service period.
A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
must apply to families eligible for child care assistance under sections 119B.03 and
119B.05. Income must be as defined in section 119B.011, subdivision 15. The fixed
percent is based on the relationship of the family's annual gross income to 100 percent
of the annual state median income. Parent fees must begin at 75 percent of the poverty
level. The minimum parent fees for families between 75 percent and 100 percent of
poverty level must be deleted text begin$5 per monthdeleted text endnew text begin $2 per biweekly periodnew text end. Parent fees must provide
for graduated movement to full payment. Payment of part or all of a family's parent
fee directly to the family's child care provider on behalf of the family by a source other
than the family shall not affect the family's eligibility for child care assistance, and the
amount paid shall be excluded from the family's income. Child care providers who accept
third-party payments must maintain family specific documentation of payment source,
amount, and time period covered by the payment.

Sec. 4.

Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:


Subd. 1a.

Background study required.

This subdivision only applies to legal,
nonlicensed family child care providers. Prior to authorization, and as part of each
reauthorization required in subdivision 1, the county shall perform a background study on
every member of the provider's household who is age 13 and older. deleted text beginThe background study
shall be conducted according to the procedures under subdivision 2.
deleted text endnew text begin The county shall also
perform a background study on an individual who has reached age ten but is not yet age
13 and is living in the household where the nonlicensed child care will be provided when
the county has reasonable cause as defined under section 245C.02, subdivision 15.
new text end

Sec. 5.

Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:


Subd. 2.

Persons who cannot be authorized.

(a) deleted text beginWhen any member of the
legal, nonlicensed family child care provider's household meets any of the conditions
under paragraphs (b) to (n), the provider must not be authorized as a legal nonlicensed
family child care provider. To determine whether any of the listed conditions exist, the
county must request information about the provider and other household members for
whom a background study is required under subdivision 1a from the Bureau of Criminal
Apprehension, the juvenile courts, and social service agencies. When one of the listed
entities does not maintain information on a statewide basis, the county must contact
the entity in the county where the provider resides and any other county in which the
provider or any household member previously resided in the past year. For purposes of
this subdivision, a finding that a delinquency petition is proven in juvenile court must be
considered a conviction in state district court.
deleted text endnew text begin The provider seeking authorization under
this section shall collect the information required under section 245C.05, subdivision 1,
and forward the information to the county agency. The background study must include
a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
paragraph (b). A nonlicensed family child care provider is not authorized under this
section if any household member who is the subject of a background study is determined
to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14
or 245C.15.
new text end If a county has determined that a provider is able to be authorized in that
county, and a family in another county later selects that provider, the provider is able to
be authorized in the second county without undergoing a new background investigation
unless one of the following conditions exists:

(1) two years have passed since the first authorization;

(2) another person age 13 or older has joined the provider's household since the
last authorization;

(3) a current household member has turned 13 since the last authorization; or

(4) there is reason to believe that a household member has a factor that prevents
authorization.

deleted text begin (b) The person has been convicted of one of the following offenses or has admitted to
committing or a preponderance of the evidence indicates that the person has committed an
act that meets the definition of one of the following offenses: sections 609.185 to 609.195,
murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn
child in the first, second, or third degree; 609.322, solicitation, inducement, promotion
of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual
conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to
engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a
child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial
representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense
of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
against children; or an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.
deleted text end

deleted text begin (c) Less than 15 years have passed since the discharge of the sentence imposed for
the offense and the person has received a felony conviction for one of the following
offenses, or the person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of a felony
conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter
in the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding
suicide or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second,
third, or fourth degree; 609.224, repeat offenses of fifth-degree assault; 609.228, great
bodily harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable
adult; 609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to
injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene
materials and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255,
false imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or
second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third
degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27,
coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor
engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth
degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of
shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582,
burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature
by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67,
unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71,
riot; 609.713, terrorist threats; 609.749, stalking; 260C.301, termination of parental rights;
152.021 to 152.022 and 152.0262, controlled substance crime in the first or second degree;
152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause (4), controlled
substance crime in third degree; 152.024, subdivision 1, clause (2), (3), or (4), controlled
substance crime in fourth degree; 617.23, repeat offenses of indecent exposure; an attempt
or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or an
offense in any other state or country where the elements are substantially similar to any of
the offenses listed in this paragraph.
deleted text end

deleted text begin (d) Less than ten years have passed since the discharge of the sentence imposed for
the offense and the person has received a gross misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the definition of a gross
misdemeanor conviction for one of the following offenses: sections 609.224, fifth-degree
assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of
an order for protection; 609.3451, fifth-degree criminal sexual conduct; 609.746, repeat
offenses of interference with privacy; 617.23, repeat offenses of indecent exposure;
617.241, obscene materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66,
dangerous weapons; 609.749, stalking; 609.224, subdivision 2, paragraph (c), fifth-degree
assault against a vulnerable adult by a caregiver; 609.23, mistreatment of persons
confined; 609.231, mistreatment of residents or patients; 609.2325, criminal abuse of a
vulnerable adult; 609.2335, financial exploitation of a vulnerable adult; 609.233, criminal
neglect of a vulnerable adult; 609.234, failure to report maltreatment of a vulnerable adult;
609.72, subdivision 3, disorderly conduct against a vulnerable adult; 609.265, abduction;
609.378, neglect or endangerment of a child; 609.377, malicious punishment of a child;
609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution; 609.33,
disorderly house; 609.52, theft; 609.582, burglary in the first, second, third, or fourth
degree; 609.631, check forgery, offering a forged check; 609.275, attempt to coerce; an
attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially similar to
any of the offenses listed in this paragraph.
deleted text end

deleted text begin (e) Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the definition of a
misdemeanor conviction for one of the following offenses: sections 609.224, fifth-degree
assault; 609.2242, domestic assault; 518B.01, violation of an order for protection;
609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79,
obscene or harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to minors; 609.66, dangerous
weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses
as defined in Minnesota Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed in this paragraph.
deleted text end

deleted text begin (f) The person has been identified by the child protection agency in the county where
the provider resides or a county where the provider has resided or by the statewide child
protection database as a person found by a preponderance of evidence under section
626.556 to be responsible for physical or sexual abuse of a child within the last seven years.
deleted text end

deleted text begin (g) The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the statewide
adult protection database as the person responsible for abuse or neglect of a vulnerable
adult within the last seven years.
deleted text end

deleted text begin (h)deleted text endnew text begin (b)new text end The person has refused to give written consent for disclosure of criminal
history records.

deleted text begin (i)deleted text endnew text begin (c)new text end The person has been denied a family child care license or has received a fine
or a sanction as a licensed child care provider that has not been reversed on appeal.

deleted text begin (j)deleted text endnew text begin (d)new text end The person has a family child care licensing disqualification that has not
been set aside.

deleted text begin (k)deleted text endnew text begin (e)new text end The person has admitted or a county has found that there is a preponderance
of evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.

deleted text begin (l) The person has been convicted of the crime of theft by wrongfully obtaining
public assistance or has been found guilty of wrongfully obtaining public assistance by a
federal court, state court, or an administrative hearing determination or waiver, through a
disqualification consent agreement, as part of an approved diversion plan under section
401.065, or a court-ordered stay with probationary or other conditions.
deleted text end

deleted text begin (m) The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions listed in
paragraphs (b) to (l).
deleted text end

deleted text begin (n) The person has a household member ages ten to 12 who has access to children
during the hours that care is provided; information or circumstances exist which provide
the county with articulable suspicion that further pertinent information may exist showing
the household member meets one of the conditions listed in paragraphs (b) to (l); and the
household member actually meets one of the conditions listed in paragraphs (b) to (l).
deleted text end

Sec. 6.

Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:


Subd. 6.

Record-keeping requirement.

All providers new text beginreceiving child care
assistance payments
new text endmust keep daily attendance records for children receiving child care
assistance and must make those records available immediately to the county upon request.
new text begin The attendance records must be completed daily and include the date, the first and last
name of each child in attendance, and the times when each child is dropped off and picked
up. To the extent possible, the times that the child was dropped off to and picked up from
the child care provider must be entered by the person dropping off or picking up the child.
new text endThe daily attendance records must be retained for six years after the date of service.
A county may deny authorization as a child care provider to any applicant or rescind
authorization of any provider when the county knows or has reason to believe that the
provider has not complied with the record-keeping requirement in this subdivision.

Sec. 7.

Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 1, is
amended to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning October 31, 2011, the maximum
rate paid for child care assistance in any county or multicounty region under the child care
fund shall be the rate for like-care arrangements in the county effective July 1, 2006,
decreased by 2.5 percent.

(b) deleted text beginEvery yeardeleted text endnew text begin Biennially, beginning in 2012new text end, the commissioner shall survey
rates charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.

(c) A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

(d) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care
on an hourly, full-day, and weekly basis, including special needs and disability care. The
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.

(e) Child care providers receiving reimbursement under this chapter must not be
paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance.

(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

(g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

Sec. 8.

Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:


Subd. 6.

Provider payments.

(a) The provider shall bill for services provided
within ten days of the end of the service period. If bills are submitted within ten days of
the end of the service period, payments under the child care fund shall be made within 30
days of receiving a bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.

(b) If a provider has received an authorization of care and been issued a billing form
for an eligible family, the bill must be submitted within 60 days of the last date of service
on the bill. A bill submitted more than 60 days after the last date of service must be
paid if the county determines that the provider has shown good cause why the bill was
not submitted within 60 days. Good cause must be defined in the county's child care
fund plan under section 119B.08, subdivision 3, and the definition of good cause must
include county error. Any bill submitted more than a year after the last date of service on
the bill must not be paid.

(c) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.

(d) A county maynew text begin refuse to issue a child care authorization to a licensed or legal
nonlicensed provider, revoke an existing child care authorization to a licensed or legal
nonlicensed provider,
new text end stop payment issued to anew text begin licensed or legal nonlicensednew text end providernew text begin,new text end or
deleted text begin maydeleted text end refuse to pay a bill submitted by anew text begin licensed or legal nonlicensednew text end provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms; deleted text beginor
deleted text end

(2) a county finds by a preponderance of the evidence that the provider intentionally
gave the county materially false information on the provider's billing formsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (3) the provider is in violation of child care assistance program rules, until the
agency determines those violations have been corrected;
new text end

new text begin (4) the provider is operating after receipt of an order of suspension or an order
of revocation of the provider's license, or the provider has been issued an order citing
violations of licensing standards that affect the health and safety of children in care due to
the nature, chronicity, or severity of the licensing violations, until the licensing agency
determines those violations have been corrected;
new text end

new text begin (5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; or
new text end

new text begin (6) the provider gives false child care price information.
new text end

(e) A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.

Sec. 9. new text beginCHILD CARE ASSISTANCE PROGRAM RULE CHANGE.
new text end

new text begin The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to
remove the requirement that applications must be submitted by mail or delivered to the
agency within 15 calendar days after the date of signature. The commissioner shall
comply with Minnesota Statutes, section 14.389, in adopting the amendment.
new text end

ARTICLE 8

SIMPLIFICATION OF MFIP AND DWP

Section 1.

Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to
read:


Subd. 11.

Caregiver.

"Caregiver" means a minor child's deleted text beginnaturaldeleted text endnew text begin birthnew text end or adoptive
parent or parents and stepparent who live in the home with the minor child. For purposes
of determining eligibility for this program, caregiver also means any of the following
individuals, if adults, who live with and provide care and support to a minor child when
the minor child's deleted text beginnaturaldeleted text endnew text begin birthnew text end or adoptive parent or parents or stepparents do not reside
in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister,
half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once
removed, nephew, niece, person of preceding generation as denoted by prefixes of "great,"
"great-great," or "great-great-great," or a spouse of any person named in the above groups
even after the marriage ends by death or divorce.

Sec. 2.

Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:


Subd. 2.

Mandatory assistance unit composition.

Except for minor caregivers
and their children who must be in a separate assistance unit from the other persons in
the household, when the following individuals live together, they must be included in
the assistance unit:

(1) a minor child, including a pregnant minor;

(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;

(3) the minor child's deleted text beginnaturaldeleted text endnew text begin birthnew text end parents, adoptive parents, and stepparents; and

(4) the spouse of a pregnant woman.

A minor child must have a caregiver for the child to be included in the assistance unit.

Sec. 3.

Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:


Subd. 6.

Recertification.

new text begin(a) new text endThe county agency shall recertify eligibility in an
annual face-to-face interview with the participant deleted text beginanddeleted text endnew text begin. The county agency may waive the
face-to-face interview and conduct a phone interview for participants who qualify under
paragraph (b). During the interview the county agency shall
new text end verify the following:

(1) presence of the minor child in the home, if questionable;

(2) income, unless excluded, including self-employment expenses used as a
deduction or deposits or withdrawals from business accounts;

(3) assets when the value is within $200 of the asset limit;

(4) information to establish an exception under section 256J.24, subdivision 9, if
questionable;

(5) inconsistent information, if related to eligibility; and

(6) whether a single caregiver household meets requirements in section 256J.575,
subdivision 3.

new text begin (b) A participant who is employed any number of hours must be given the option of
conducting a face-to-face or phone interview to recertify eligibility. The participant must
be employed at the time the interview is scheduled. If the participant loses the participant's
job between the time the interview is scheduled and when it is to be conducted, the phone
interview may still be conducted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2010, section 256J.621, is amended to read:


256J.621 WORK PARTICIPATION CASH BENEFITS.

(a) Effective October 1, 2009, upon exiting the diversionary work program (DWP)
or upon terminating the Minnesota family investment program with earnings, a participant
who is employed may be eligible for work participation cash benefits of $25 per month
to assist in meeting the family's basic needs as the participant continues to move toward
self-sufficiency.

(b) To be eligible for work participation cash benefits, the participant shall not
receive MFIP or diversionary work program assistance during the month and the
participant or participants must meet the following work requirements:

(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;

(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or

(3) if the household is a two-parent family, at least one of the parents must be
employed deleted text beginan average of at leastdeleted text end 130 hours per month.

Whenever a participant exits the diversionary work program or is terminated from
MFIP and meets the other criteria in this section, work participation cash benefits are
available for up to 24 consecutive months.

(c) Expenditures on the program are maintenance of effort state funds under
a separate state program for participants under paragraph (b), clauses (1) and (2).
Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
funds. Months in which a participant receives work participation cash benefits under this
section do not count toward the participant's MFIP 60-month time limit.

Sec. 5.

Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:


Subd. 7.

Exclusive procedure.

The procedure established by this section is
exclusive of all other legal, equitable, and statutory remedies against the state, its political
subdivisions, or employees of the state or its political subdivisions. The claimant shall
not be entitled to seek damages from any state, county, tribal, or reservation insurance
policy or self-insurance program.new text begin A provider who accepts or agrees to accept an injury
protection program payment for services provided to an individual must not require any
payment from the individual.
new text end

Sec. 6.

Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read:


Subd. 3.

Eligibility for diversionary work program.

(a) Except for the categories
of family units listed deleted text beginbelowdeleted text endnew text begin in clauses (1) to (8)new text end, all family units who apply for cash
benefits and who meet MFIP eligibility as required in sections 256J.11 to 256J.15 are
eligible and must participate in the diversionary work program. Family units or individuals
that are not eligible for the diversionary work program include:

(1) child only cases;

(2) deleted text beginadeleted text end single-parent family deleted text beginunitdeleted text endnew text begin unitsnew text end that deleted text beginincludesdeleted text endnew text begin includenew text end a child under 12 months of
age. A parent is eligible for this exception once in a parent's lifetime;

(3) new text beginfamily units with new text enda minor parent without a high school diploma or its equivalent;

(4) new text beginfamily units with new text endan 18- or 19-year-old caregiver without a high school diploma
or its equivalent who chooses to have an employment plan with an education option;

deleted text begin (5) a caregiver age 60 or over;
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end family units with a caregiver who received DWP benefits deleted text beginindeleted text endnew text begin withinnew text end the 12
months prior to the month the family applied for DWP, except as provided in paragraph (c);

deleted text begin (7)deleted text endnew text begin (6)new text end family units with a caregiver who received MFIP within the 12 months prior
to the month the family deleted text beginunitdeleted text end applied for DWP;

deleted text begin (8) adeleted text endnew text begin (7)new text end family deleted text beginunitdeleted text endnew text begin unitsnew text end with a caregiver who received 60 or more months of
TANF assistance;new text begin and
new text end

deleted text begin (9)deleted text endnew text begin (8) family units withnew text end a caregiver who is disqualified from the work participation
cash benefit program, DWP, or MFIP due to frauddeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (10) refugees and asylees as defined in Code of Federal Regulations, title 45, part
400, subpart d, section 400.43, who arrived in the United States in the 12 months prior to
the date of application for family cash assistance.
deleted text end

(b) A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
includes a parent who meets the criteria in paragraph (a), clause (6), (7), new text beginornew text end (8)deleted text begin, (9), or (10)deleted text end.

(c) Once DWP eligibility is determined, the four months run consecutively. If a
participant leaves the program for any reason and reapplies during the four-month period,
the county must redetermine eligibility for DWP.

ARTICLE 9

CONTINUING CARE

Section 1.

Minnesota Statutes 2011 Supplement, section 144A.071, subdivision 3,
is amended to read:


Subd. 3.

Exceptions authorizing increase in beds; hardship areas.

(a) The
commissioner of health, in coordination with the commissioner of human services, may
approve the addition of new licensed and Medicare and Medicaid certified nursing home
beds, using the criteria and process set forth in this subdivision.

(b) The commissioner, in cooperation with the commissioner of human services,
shall consider the following criteria when determining that an area of the state is a
hardship area with regard to access to nursing facility services:

(1) a low number of beds per thousand in a specified area using as a standard the
beds per thousand people age 65 and older, in five year age groups, using data from the
most recent census and population projections, weighted by each group's most recent
nursing home utilization, of the county at the 20th percentile, as determined by the
commissioner of human services;

(2) a high level of out-migration for nursing facility services associated with a
described area from the county or counties of residence to other Minnesota counties, as
determined by the commissioner of human services, using as a standard an amount greater
than the out-migration of the county ranked at the 50th percentile;

(3) an adequate level of availability of noninstitutional long-term care services
measured as public spending for home and community-based long-term care services per
individual age 65 and older, in five year age groups, using data from the most recent
census and population projections, weighted by each group's most recent nursing home
utilization, as determined by the commissioner of human services using as a standard an
amount greater than the 50th percentile of counties;

(4) there must be a declaration of hardship resulting from insufficient access to
nursing home beds by local county agencies and area agencies on aging; and

(5) other factors that may demonstrate the need to add new nursing facility beds.

(c) On August 15 of odd-numbered years, the commissioner, in cooperation with
the commissioner of human services, may publish in the State Register a request for
information in which interested parties, using the data provided under section 144A.351,
along with any other relevant data, demonstrate that a specified area is a hardship area
with regard to access to nursing facility services. For a response to be considered, the
commissioner must receive it by November 15. The commissioner shall make responses
to the request for information available to the public and shall allow 30 days for comment.
The commissioner shall review responses and comments and determine if any areas of
the state are to be declared hardship areas.

(d) For each designated hardship area determined in paragraph (c), the commissioner
shall publish a request for proposals in accordance with section 144A.073 and Minnesota
Rules, parts 4655.1070 to 4655.1098. The request for proposals must be published in the
State Register by March 15 following receipt of responses to the request for information.
The request for proposals must specify the number of new beds which may be added
in the designated hardship area, which must not exceed the number which, if added to
the existing number of beds in the area, including beds in layaway status, would have
prevented it from being determined to be a hardship area under paragraph (b), clause
(1). Beginning July 1, 2011, the number of new beds approved must not exceed 200
beds statewide per biennium. After June 30, 2019, the number of new beds that may be
approved in a biennium must not exceed 300 statewide. For a proposal to be considered,
the commissioner must receive it within six months of the publication of the request for
proposals. The commissioner shall review responses to the request for proposals and
shall approve or disapprove each proposal by the following July 15, in accordance with
section 144A.073 and Minnesota Rules, parts 4655.1070 to 4655.1098. The commissioner
shall base approvals or disapprovals on a comparison and ranking of proposals using
only the criteria in subdivision 4a. Approval of a proposal expires after 18 months
unless the facility has added the new beds using existing space, subject to approval
by the commissioner, or has commenced construction as defined in section 144A.071,
subdivision 1a, paragraph (d). deleted text beginOperatingdeleted text end new text beginIf, after the approved beds have been added,
fewer than 50 percent of the beds in a facility are newly licensed, the operating payment
rates previously in effect shall remain. If, after the approved beds have been added, 50
percent or more of the beds in a facility are newly licensed, operating
new text endpayment rates shall
be determined according to Minnesota Rules, part 9549.0057, using the limits under
section 256B.441. External fixed payment rates must be determined according to section
256B.441, subdivision 53. Property payment rates for facilities with beds added under this
subdivision must be determined in the same manner as rate determinations resulting from
projects approved and completed under section 144A.073.

(e) The commissioner may:

(1) certify or license new beds in a new facility that is to be operated by the
commissioner of veterans affairs or when the costs of constructing and operating the new
beds are to be reimbursed by the commissioner of veterans affairs or the United States
Veterans Administration; and

(2) license or certify beds in a facility that has been involuntarily delicensed or
decertified for participation in the medical assistance program, provided that an application
for relicensure or recertification is submitted to the commissioner by an organization that
is not a related organization as defined in section 256B.441, subdivision 34, to the prior
licensee within 120 days after delicensure or decertification.

Sec. 2.

Minnesota Statutes 2011 Supplement, section 144A.071, subdivision 4a,
is amended to read:


Subd. 4a.

Exceptions for replacement beds.

It is in the best interest of the state
to ensure that nursing homes and boarding care homes continue to meet the physical
plant licensing and certification requirements by permitting certain construction projects.
Facilities should be maintained in condition to satisfy the physical and emotional needs
of residents while allowing the state to maintain control over nursing home expenditure
growth.

The commissioner of health in coordination with the commissioner of human
services, may approve the renovation, replacement, upgrading, or relocation of a nursing
home or boarding care home, under the following conditions:

(a) to license or certify beds in a new facility constructed to replace a facility or to
make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by
fire, lightning, or other hazard provided:

(i) destruction was not caused by the intentional act of or at the direction of a
controlling person of the facility;

(ii) at the time the facility was destroyed or damaged the controlling persons of the
facility maintained insurance coverage for the type of hazard that occurred in an amount
that a reasonable person would conclude was adequate;

(iii) the net proceeds from an insurance settlement for the damages caused by the
hazard are applied to the cost of the new facility or repairs;

(iv) the number of licensed and certified beds in the new facility does not exceed the
number of licensed and certified beds in the destroyed facility; and

(v) the commissioner determines that the replacement beds are needed to prevent an
inadequate supply of beds.

Project construction costs incurred for repairs authorized under this clause shall not be
considered in the dollar threshold amount defined in subdivision 2;

(b) to license or certify beds that are moved from one location to another within a
nursing home facility, provided the total costs of remodeling performed in conjunction
with the relocation of beds does not exceed $1,000,000;

(c) to license or certify beds in a project recommended for approval under section
144A.073;

(d) to license or certify beds that are moved from an existing state nursing home to
a different state facility, provided there is no net increase in the number of state nursing
home beds;

(e) to certify and license as nursing home beds boarding care beds in a certified
boarding care facility if the beds meet the standards for nursing home licensure, or in a
facility that was granted an exception to the moratorium under section 144A.073, and if
the cost of any remodeling of the facility does not exceed $1,000,000. If boarding care
beds are licensed as nursing home beds, the number of boarding care beds in the facility
must not increase beyond the number remaining at the time of the upgrade in licensure.
The provisions contained in section 144A.073 regarding the upgrading of the facilities
do not apply to facilities that satisfy these requirements;

(f) to license and certify up to 40 beds transferred from an existing facility owned and
operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the
same location as the existing facility that will serve persons with Alzheimer's disease and
other related disorders. The transfer of beds may occur gradually or in stages, provided
the total number of beds transferred does not exceed 40. At the time of licensure and
certification of a bed or beds in the new unit, the commissioner of health shall delicense
and decertify the same number of beds in the existing facility. As a condition of receiving
a license or certification under this clause, the facility must make a written commitment
to the commissioner of human services that it will not seek to receive an increase in its
property-related payment rate as a result of the transfers allowed under this paragraph;

(g) to license and certify nursing home beds to replace currently licensed and certified
boarding care beds which may be located either in a remodeled or renovated boarding care
or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
nursing home facility within the identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located, provided that the number of
boarding care beds in the facility or complex are decreased by the number to be licensed
as nursing home beds and further provided that, if the total costs of new construction,
replacement, remodeling, or renovation exceed ten percent of the appraised value of
the facility or $200,000, whichever is less, the facility makes a written commitment to
the commissioner of human services that it will not seek to receive an increase in its
property-related payment rate by reason of the new construction, replacement, remodeling,
or renovation. The provisions contained in section 144A.073 regarding the upgrading of
facilities do not apply to facilities that satisfy these requirements;

(h) to license as a nursing home and certify as a nursing facility a facility that is
licensed as a boarding care facility but not certified under the medical assistance program,
but only if the commissioner of human services certifies to the commissioner of health that
licensing the facility as a nursing home and certifying the facility as a nursing facility will
result in a net annual savings to the state general fund of $200,000 or more;

(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing
home beds in a facility that was licensed and in operation prior to January 1, 1992;

(j) to license and certify new nursing home beds to replace beds in a facility acquired
by the Minneapolis Community Development Agency as part of redevelopment activities
in a city of the first class, provided the new facility is located within three miles of the site
of the old facility. Operating and property costs for the new facility must be determined
and allowed under section 256B.431 or 256B.434;

(k) to license and certify up to 20 new nursing home beds in a community-operated
hospital and attached convalescent and nursing care facility with 40 beds on April 21,
1991, that suspended operation of the hospital in April 1986. The commissioner of human
services shall provide the facility with the same per diem property-related payment rate
for each additional licensed and certified bed as it will receive for its existing 40 beds;

(l) to license or certify beds in renovation, replacement, or upgrading projects as
defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the
facility's remodeling projects do not exceed $1,000,000;

(m) to license and certify beds that are moved from one location to another for the
purposes of converting up to five four-bed wards to single or double occupancy rooms
in a nursing home that, as of January 1, 1993, was county-owned and had a licensed
capacity of 115 beds;

(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified
nursing facility located in Minneapolis to layaway all of its licensed and certified nursing
home beds. These beds may be relicensed and recertified in a newly constructed teaching
nursing home facility affiliated with a teaching hospital upon approval by the legislature.
The proposal must be developed in consultation with the interagency committee on
long-term care planning. The beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds, except that beds on layaway status remain
subject to the surcharge in section 256.9657. This layaway provision expires July 1, 1998;

(o) to allow a project which will be completed in conjunction with an approved
moratorium exception project for a nursing home in southern Cass County and which is
directly related to that portion of the facility that must be repaired, renovated, or replaced,
to correct an emergency plumbing problem for which a state correction order has been
issued and which must be corrected by August 31, 1993;

(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified
nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to
the commissioner, up to 30 of the facility's licensed and certified beds by converting
three-bed wards to single or double occupancy. Beds on layaway status shall have the
same status as voluntarily delicensed and decertified beds except that beds on layaway
status remain subject to the surcharge in section 256.9657, remain subject to the license
application and renewal fees under section 144A.07 and shall be subject to a $100 per bed
reactivation fee. In addition, at any time within three years of the effective date of the
layaway, the beds on layaway status may be:

(1) relicensed and recertified upon relocation and reactivation of some or all of
the beds to an existing licensed and certified facility or facilities located in Pine River,
Brainerd, or International Falls; provided that the total project construction costs related to
the relocation of beds from layaway status for any facility receiving relocated beds may
not exceed the dollar threshold provided in subdivision 2 unless the construction project
has been approved through the moratorium exception process under section 144A.073;

(2) relicensed and recertified, upon reactivation of some or all of the beds within the
facility which placed the beds in layaway status, if the commissioner has determined a
need for the reactivation of the beds on layaway status.

The property-related payment rate of a facility placing beds on layaway status
must be adjusted by the incremental change in its rental per diem after recalculating the
rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The
property-related payment rate for a facility relicensing and recertifying beds from layaway
status must be adjusted by the incremental change in its rental per diem after recalculating
its rental per diem using the number of beds after the relicensing to establish the facility's
capacity day divisor, which shall be effective the first day of the month following the
month in which the relicensing and recertification became effective. Any beds remaining
on layaway status more than three years after the date the layaway status became effective
must be removed from layaway status and immediately delicensed and decertified;

(q) to license and certify beds in a renovation and remodeling project to convert 12
four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
home that, as of January 1, 1994, met the following conditions: the nursing home was
located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked
among the top 15 applicants by the 1993 moratorium exceptions advisory review panel.
The total project construction cost estimate for this project must not exceed the cost
estimate submitted in connection with the 1993 moratorium exception process;

(r) to license and certify up to 117 beds that are relocated from a licensed and
certified 138-bed nursing facility located in St. Paul to a hospital with 130 licensed
hospital beds located in South St. Paul, provided that the nursing facility and hospital are
owned by the same or a related organization and that prior to the date the relocation is
completed the hospital ceases operation of its inpatient hospital services at that hospital.
After relocation, the nursing facility's status deleted text beginunder section 256B.431, subdivision 2j,deleted text end shall
be the same as it was prior to relocation. The nursing facility's property-related payment
rate resulting from the project authorized in this paragraph shall become effective no
earlier than April 1, 1996. For purposes of calculating the incremental change in the
facility's rental per diem resulting from this project, the allowable appraised value of
the nursing facility portion of the existing health care facility physical plant prior to the
renovation and relocation may not exceed $2,490,000;

(s) to license and certify two beds in a facility to replace beds that were voluntarily
delicensed and decertified on June 28, 1991;

(t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed
nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding
the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed
nursing home facility after completion of a construction project approved in 1993 under
section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner.
Beds on layaway status shall have the same status as voluntarily delicensed or decertified
beds except that they shall remain subject to the surcharge in section 256.9657. The
16 beds on layaway status may be relicensed as nursing home beds and recertified at
any time within five years of the effective date of the layaway upon relocation of some
or all of the beds to a licensed and certified facility located in Watertown, provided that
the total project construction costs related to the relocation of beds from layaway status
for the Watertown facility may not exceed the dollar threshold provided in subdivision
2 unless the construction project has been approved through the moratorium exception
process under section 144A.073.

The property-related payment rate of the facility placing beds on layaway status
must be adjusted by the incremental change in its rental per diem after recalculating the
rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The
property-related payment rate for the facility relicensing and recertifying beds from
layaway status must be adjusted by the incremental change in its rental per diem after
recalculating its rental per diem using the number of beds after the relicensing to establish
the facility's capacity day divisor, which shall be effective the first day of the month
following the month in which the relicensing and recertification became effective. Any
beds remaining on layaway status more than five years after the date the layaway status
became effective must be removed from layaway status and immediately delicensed
and decertified;

(u) to license and certify beds that are moved within an existing area of a facility or
to a newly constructed addition which is built for the purpose of eliminating three- and
four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary
service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had
a licensed capacity of 129 beds;

(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County
to a 160-bed facility in Crow Wing County, provided all the affected beds are under
common ownership;

(w) to license and certify a total replacement project of up to 49 beds located in
Norman County that are relocated from a nursing home destroyed by flood and whose
residents were relocated to other nursing homes. The operating cost payment rates for
the new nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of
section 256B.431deleted text begin, except that subdivision 26, paragraphs (a) and (b), shall not apply until
the second rate year after the settle-up cost report is filed
deleted text end. Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;

(x) to license and certify a total replacement project of up to 129 beds located
in Polk County that are relocated from a nursing home destroyed by flood and whose
residents were relocated to other nursing homes. The operating cost payment rates for
the new nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of
section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until
the second rate year after the settle-up cost report is filed. Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;

(y) to license and certify beds in a renovation and remodeling project to convert 13
three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and
add improvements in a nursing home that, as of January 1, 1994, met the following
conditions: the nursing home was located in Ramsey County, was not owned by a hospital
corporation, had a licensed capacity of 64 beds, and had been ranked among the top 15
applicants by the 1993 moratorium exceptions advisory review panel. The total project
construction cost estimate for this project must not exceed the cost estimate submitted in
connection with the 1993 moratorium exception process;

(z) to license and certify up to 150 nursing home beds to replace an existing 285
bed nursing facility located in St. Paul. The replacement project shall include both the
renovation of existing buildings and the construction of new facilities at the existing
site. The reduction in the licensed capacity of the existing facility shall occur during the
construction project as beds are taken out of service due to the construction process. Prior
to the start of the construction process, the facility shall provide written information to the
commissioner of health describing the process for bed reduction, plans for the relocation
of residents, and the estimated construction schedule. The relocation of residents shall be
in accordance with the provisions of law and rule;

(aa) to allow the commissioner of human services to license an additional 36 beds
to provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that
the total number of licensed and certified beds at the facility does not increase;

(bb) to license and certify a new facility in St. Louis County with 44 beds
constructed to replace an existing facility in St. Louis County with 31 beds, which has
resident rooms on two separate floors and an antiquated elevator that creates safety
concerns for residents and prevents nonambulatory residents from residing on the second
floor. The project shall include the elimination of three- and four-bed rooms;

(cc) to license and certify four beds in a 16-bed certified boarding care home in
Minneapolis to replace beds that were voluntarily delicensed and decertified on or
before March 31, 1992. The licensure and certification is conditional upon the facility
periodically assessing and adjusting its resident mix and other factors which may
contribute to a potential institution for mental disease declaration. The commissioner of
human services shall retain the authority to audit the facility at any time and shall require
the facility to comply with any requirements necessary to prevent an institution for mental
disease declaration, including delicensure and decertification of beds, if necessary;

(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with
80 beds as part of a renovation project. The renovation must include construction of
an addition to accommodate ten residents with beginning and midstage dementia in a
self-contained living unit; creation of three resident households where dining, activities,
and support spaces are located near resident living quarters; designation of four beds
for rehabilitation in a self-contained area; designation of 30 private rooms; and other
improvements;

(ee) to license and certify beds in a facility that has undergone replacement or
remodeling as part of a planned closure under section 256B.437;

(ff) to license and certify a total replacement project of up to 124 beds located
in Wilkin County that are in need of relocation from a nursing home significantly
damaged by flood. The operating cost payment rates for the new nursing facility shall
be determined based on the interim and settle-up payment provisions of Minnesota
Rules, part 9549.0057, and the reimbursement provisions of section 256B.431deleted text begin, except
that section 256B.431, subdivision 26, paragraphs (a) and (b), shall not apply until the
second rate year after the settle-up cost report is filed
deleted text end. Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;

(gg) to allow the commissioner of human services to license an additional nine beds
to provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the
total number of licensed and certified beds at the facility does not increase;

(hh) to license and certify up to 120 new nursing facility beds to replace beds in a
facility in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the
new facility is located within four miles of the existing facility and is in Anoka County.
Operating and property rates shall be determined and allowed under section 256B.431
and Minnesota Rules, parts 9549.0010 to 9549.0080, or section 256B.434 or deleted text begin256B.435.
The provisions of section 256B.431, subdivision 26, paragraphs (a) and (b), do not apply
until the second rate year following settle-up
deleted text endnew text begin 256B.441new text end; or

(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County
that, as of March 25, 2001, is in the active process of closing, to a 122-licensed bed
nonprofit nursing facility located in the city of Columbia Heights or its affiliate. The
transfer is effective when the receiving facility notifies the commissioner in writing of the
number of beds accepted. The commissioner shall place all transferred beds on layaway
status held in the name of the receiving facility. The layaway adjustment provisions of
section 256B.431, subdivision 30, do not apply to this layaway. The receiving facility
may only remove the beds from layaway for recertification and relicensure at the receiving
facility's current site, or at a newly constructed facility located in Anoka County. The
receiving facility must receive statutory authorization before removing these beds from
layaway status, or may remove these beds from layaway status if removal from layaway
status is part of a moratorium exception project approved by the commissioner under
section 144A.073.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
restructuring of state-operated services that limits the capacity of state-operated facilities;

(4) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or

(5) new foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and community-based
services.

(b) The commissioner shall determine the need for newly licensed foster care homes
as defined under this subdivision. As part of the determination, the commissioner shall
consider the availability of foster care capacity in the area in which the licensee seeks to
operate, and the recommendation of the local county board. The determination by the
commissioner must be final. A determination of need is not required for a change in
ownership at the same address.

deleted text begin (c) Residential settings that would otherwise be subject to the moratorium established
in paragraph (a), that are in the process of receiving an adult or child foster care license as
of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
or child foster care license. For this paragraph, all of the following conditions must be met
to be considered in the process of receiving an adult or child foster care license:
deleted text end

deleted text begin (1) participants have made decisions to move into the residential setting, including
documentation in each participant's care plan;
deleted text end

deleted text begin (2) the provider has purchased housing or has made a financial investment in the
property;
deleted text end

deleted text begin (3) the lead agency has approved the plans, including costs for the residential setting
for each individual;
deleted text end

deleted text begin (4) the completion of the licensing process, including all necessary inspections, is
the only remaining component prior to being able to provide services; and
deleted text end

deleted text begin (5) the needs of the individuals cannot be met within the existing capacity in that
county.
deleted text end

deleted text begin To qualify for the process under this paragraph, the lead agency must submit
documentation to the commissioner by August 1, 2009, that all of the above criteria are
met.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall
include, but is not limited to the following:

(1) the overall capacity and utilization of foster care beds where the physical location
is not the primary residence of the license holder prior to and after implementation
of the moratorium;

(2) the overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after implementation
of the moratorium; and

(3) the number of licensed and occupied ICF/MR beds prior to and after
implementation of the moratorium.

deleted text begin (e)deleted text endnew text begin (d)new text end When a foster care recipient moves out of a foster home that is not the
primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), the county shall immediately inform the Department of Human Services
Licensing Division, and the department shall immediately decrease the licensed capacity
for the home. A decreased licensed capacity according to this paragraph is not subject to
appeal under this chapter.

new text begin (e) At the time of application and reapplication for licensure, the applicant and the
license holder that are subject to the moratorium or an exclusion established in paragraph
(a) are required to inform the commissioner whether the physical location where the foster
care will be provided is or will be the primary residence of the license holder for the entire
period of licensure. If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately. The commissioner
shall print on the foster care license certificate whether or not the physical location is the
primary residence of the license holder.
new text end

new text begin (f) License holders of foster care homes identified under paragraph (e) that are not
the primary residence of the license holder and that also provide services in the foster care
home that are covered by a federally approved home and community-based services
waiver, as authorized under section 256B.0915, 256B.092, or 256B.49 must inform the
human services licensing division that the license holder provides or intends to provide
these waiver-funded services. These license holders must be considered registered under
section 256B.092, subdivision 11, paragraph (c), and this registration status must be
identified on their license certificates.
new text end

Sec. 4.

Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to read:


Subd. 2a.

Adult foster care license capacity.

(a) The commissioner shall issue
adult foster care licenses with a maximum licensed capacity of four beds, including
nonstaff roomers and boarders, except that the commissioner may issue a license with a
capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f).

(b) An adult foster care license holder may have a maximum license capacity of five
if all persons in care are age 55 or over and do not have a serious and persistent mental
illness or a developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a foster care
provider with a licensed capacity of five persons to admit an individual under the age of 55
if the variance complies with section 245A.04, subdivision 9, and approval of the variance
is recommended by the county in which the licensed foster care provider is located.

(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth
bed for emergency crisis services for a person with serious and persistent mental illness
or a developmental disability, regardless of age, if the variance complies with section
245A.04, subdivision 9, and approval of the variance is recommended by the county in
which the licensed foster care provider is located.

(e) If the 2009 legislature adopts a rate reduction that impacts providers of adult
foster care services, the commissioner may issue an adult foster care license with a
capacity of five adults if the fifth bed does not increase the overall statewide capacity of
licensed adult foster care beds in homes that are not the primary residence of the license
holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan
submitted to the commissioner by the county, when the capacity is recommended by
the county licensing agency of the county in which the facility is located and if the
recommendation verifies that:

(1) the facility meets the physical environment requirements in the adult foster
care licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each
resident or resident's legal representative documenting the resident's informed choice to
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before March 1, 2009.

(f) The commissioner shall not issue a new adult foster care license under paragraph
(e) after June 30, deleted text begin2011deleted text endnew text begin 2014new text end. The commissioner shall allow a facility with an adult foster
care license issued under paragraph (e) before June 30, deleted text begin2011deleted text endnew text begin 2016new text end, to continue with a
capacity of five adults if the license holder continues to comply with the requirements in
paragraph (e).

Sec. 5.

Minnesota Statutes 2010, section 245A.11, subdivision 8, is amended to read:


Subd. 8.

Community residential setting license.

(a) The commissioner shall
establish provider standards for residential support services that integrate service standards
and the residential setting under one license. The commissioner shall propose statutory
language and an implementation plan for licensing requirements for residential support
services to the legislature by January 15, deleted text begin2011deleted text endnew text begin 2012, as a component of the quality outcome
standards recommendations required by Laws 2010, chapter 352, article 1, section 24
new text end.

(b) Providers licensed under chapter 245B, and providing, contracting, or arranging
for services in settings licensed as adult foster care under Minnesota Rules, parts
9555.5105 to 9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to
2960.3340; and meeting the provisions of section 256B.092, subdivision 11, paragraph
(b), must be required to obtain a community residential setting license.

Sec. 6.

Minnesota Statutes 2010, section 252.32, subdivision 1a, is amended to read:


Subd. 1a.

Support grants.

(a) Provision of support grants must be limited to
families who require support and whose dependents are under the age of 21 and who
have been certified disabled under section 256B.055, subdivision 12, paragraphs (a),
(b), (c), (d), and (e). Families who are receivingnew text begin:new text end home and community-based waivered
services for persons with deleted text begindevelopmentaldeleted text end disabilities new text beginauthorized under section 256B.092 or
256B.49; personal care assistance under section 256B.0652; or a consumer support grant
under section 256.476
new text endare not eligible for support grants.

Families whose annual adjusted gross income is $60,000 or more are not eligible for
support grants except in cases where extreme hardship is demonstrated. Beginning in state
fiscal year 1994, the commissioner shall adjust the income ceiling annually to reflect the
projected change in the average value in the United States Department of Labor Bureau of
Labor Statistics Consumer Price Index (all urban) for that year.

(b) Support grants may be made available as monthly subsidy grants and lump-sum
grants.

(c) Support grants may be issued in the form of cash, voucher, and direct county
payment to a vendor.

(d) Applications for the support grant shall be made by the legal guardian to the
county social service agency. The application shall specify the needs of the families, the
form of the grant requested by the families, and the items and services to be reimbursed.

Sec. 7.

new text begin [252.34] REPORT BY COMMISSIONER OF HUMAN SERVICES.
new text end

new text begin Beginning January 1, 2013, the commissioner of human services shall provide a
biennial report to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services policy and funding. The report must
provide a summary of overarching goals and priorities for persons with disabilities,
including the status of how each of the following programs administered by the
commissioner is supporting the overarching goals and priorities:
new text end

new text begin (1) home and community-based services waivers for persons with disabilities under
sections 256B.092 and 256B.49;
new text end

new text begin (2) home care services under section 256B.0652; and
new text end

new text begin (3) other relevant programs and services as determined by the commissioner.
new text end

Sec. 8.

Minnesota Statutes 2010, section 252A.21, subdivision 2, is amended to read:


Subd. 2.

Rules.

The commissioner shall adopt rules to implement this chapter.
The rules must include standards for performance of guardianship or conservatorship
duties including, but not limited to: twice a year visits with the ward; deleted text beginquarterly reviews
of records from day, residential, and support services;
deleted text end a requirement that the duties of
guardianship or conservatorship and case management not be performed by the same
person; specific standards for action on "do not resuscitate" orders, sterilization requests,
and the use of psychotropic medication and aversive procedures.

Sec. 9.

Minnesota Statutes 2010, section 256.476, subdivision 11, is amended to read:


Subd. 11.

Consumer support grant program after July 1, 2001.

Effective
July 1, 2001, the commissioner shall allocate consumer support grant resources to
serve additional individuals based on a review of Medicaid authorization and payment
information of persons eligible for a consumer support grant from the most recent fiscal
year. The commissioner shall use the following methodology to calculate maximum
allowable monthly consumer support grant levels:

(1) For individuals whose program of origination is medical assistance home care
under sections 256B.0651 and 256B.0653 to 256B.0656, the maximum allowable monthly
grant levels are calculated by:

(i) determining deleted text begin50 percent of the averagedeleted text end new text beginthe new text endservice authorization for each
new text begin individual based on the individual's new text endhome care deleted text beginratingdeleted text endnew text begin assessmentnew text end;

(ii) calculating the overall ratio of actual payments to service authorizations by
program;

(iii) applying the overall ratio to deleted text beginthe averagedeleted text end new text begin50 percent of the new text endservice authorization
level of each home care rating;new text begin and
new text end

(iv) adjusting the result for any authorized rate deleted text beginincreasesdeleted text end new text beginchanges new text endprovided by the
legislaturedeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (v) adjusting the result for the average monthly utilization per recipient.
deleted text end

(2) The commissioner deleted text beginmay review and evaluatedeleted text end new text beginshall ensure new text endthe methodology deleted text beginto
reflect changes in
deleted text end new text beginis consistent with new text endthe home care programs.

Sec. 10.

Minnesota Statutes 2010, section 256.9657, subdivision 1, is amended to read:


Subdivision 1.

Nursing home license surcharge.

(a) Effective July 1, 1993,
each non-state-operated nursing home licensed under chapter 144A shall pay to the
commissioner an annual surcharge according to the schedule in subdivision 4. The
surcharge shall be calculated as $620 per licensed bed. If the number of licensed beds
is reduced, the surcharge shall be based on the number of remaining licensed beds the
second month following the receipt of timely notice by the commissioner of human
services that beds have been delicensed. The nursing home must notify the commissioner
of health in writing when beds are delicensed. The commissioner of health must notify
the commissioner of human services within ten working days after receiving written
notification. If the notification is received by the commissioner of human services by
the 15th of the month, the invoice for the second following month must be reduced
to recognize the delicensing of beds. Beds on layaway status continue to be subject to
the surcharge. The commissioner of human services must acknowledge a medical care
surcharge appeal within 30 days of receipt of the written appeal from the provider.

(b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.

(c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased
to $990.

(d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased
to $2,815.

(e) The commissioner may reduce, and may subsequently restore, the surcharge
under paragraph (d) based on the commissioner's determination of a permissible surcharge.

(f) Between April 1, 2002, and August 15, 2004, a facility governed by this
subdivision may elect to assume full participation in the medical assistance program
by agreeing to comply with all of the requirements of the medical assistance program,
including the rate equalization law in section 256B.48, subdivision 1, paragraph (a), and
all other requirements established in law or rule, and to begin intake of new medical
assistance recipients. Rates will be determined under Minnesota Rules, parts 9549.0010
to 9549.0080. deleted text beginNotwithstanding section 256B.431, subdivision 27, paragraph (i),deleted text end Rate
calculations will be subject to limits as prescribed in rule and law. Other than the
adjustments in sections 256B.431, subdivisions 30 and 32; 256B.437, subdivision 3,
paragraph (b), Minnesota Rules, part 9549.0057, and any other applicable legislation
enacted prior to the finalization of rates, facilities assuming full participation in medical
assistance under this paragraph are not eligible for any rate adjustments until the July 1
following their settle-up period.

Sec. 11.

Minnesota Statutes 2010, section 256B.0625, subdivision 19c, is amended to
read:


Subd. 19c.

Personal care.

Medical assistance covers personal care assistance
services provided by an individual who is qualified to provide the services according to
subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a
plan, and supervised by a qualified professional.

"Qualified professional" means a mental health professional as defined in section
245.462, subdivision 18, new text beginclauses (1) to (6), new text endor 245.4871, subdivision 27new text begin, clauses (1) to (6)new text end;
or a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker
as defined in sections 148D.010 and 148D.055, or a qualified developmental disabilities
specialist under section 245B.07, subdivision 4. The qualified professional shall perform
the duties required in section 256B.0659.

Sec. 12.

Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to
read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in
paragraphs (b) to (r) have the meanings given unless otherwise provided in text.

(b) "Activities of daily living" means grooming, dressing, bathing, transferring,
mobility, positioning, eating, and toileting.

(c) "Behavior," effective January 1, 2010, means a category to determine the home
care rating and is based on the criteria found in this section. "Level I behavior" means
physical aggression towards self, others, or destruction of property that requires the
immediate response of another person.

(d) "Complex health-related needs," effective January 1, 2010, means a category to
determine the home care rating and is based on the criteria found in this section.

(e) "Critical activities of daily living," effective January 1, 2010, means transferring,
mobility, eating, and toileting.

(f) "Dependency in activities of daily living" means a person requires assistance to
begin and complete one or more of the activities of daily living.

(g) "Extended personal care assistance service" means personal care assistance
services included in a service plan under one of the home and community-based services
waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49,
which exceed the amount, duration, and frequency of the state plan personal care
assistance services for participants who:

(1) need assistance provided periodically during a week, but less than daily will not
be able to remain in their homes without the assistance, and other replacement services
are more expensive or are not available when personal care assistance services are to
be deleted text beginterminateddeleted text endnew text begin reducednew text end; or

(2) need additional personal care assistance services beyond the amount authorized
by the state plan personal care assistance assessment in order to ensure that their safety,
health, and welfare are provided for in their homes.

(h) "Health-related procedures and tasks" means procedures and tasks that can
be delegated or assigned by a licensed health care professional under state law to be
performed by a personal care assistant.

(i) "Instrumental activities of daily living" means activities to include meal planning
and preparation; basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the personal care assistance
services; communication by telephone and other media; and traveling, including to
medical appointments and to participate in the community.

(j) "Managing employee" has the same definition as Code of Federal Regulations,
title 42, section 455.

(k) "Qualified professional" means a professional providing supervision of personal
care assistance services and staff as defined in section 256B.0625, subdivision 19c.

(l) "Personal care assistance provider agency" means a medical assistance enrolled
provider that provides or assists with providing personal care assistance services and
includes a personal care assistance provider organization, personal care assistance choice
agency, class A licensed nursing agency, and Medicare-certified home health agency.

(m) "Personal care assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.

(n) "Personal care assistance care plan" means a written description of personal
care assistance services developed by the personal care assistance provider according
to the service plan.

(o) "Responsible party" means an individual who is capable of providing the support
necessary to assist the recipient to live in the community.

(p) "Self-administered medication" means medication taken orally, by injection or
insertion, or applied topically without the need for assistance.

(q) "Service plan" means a written summary of the assessment and description of the
services needed by the recipient.

(r) "Wages and benefits" means wages and salaries, the employer's share of FICA
taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation,
mileage reimbursement, health and dental insurance, life insurance, disability insurance,
long-term care insurance, uniform allowance, and contributions to employee retirement
accounts.

Sec. 13.

Minnesota Statutes 2010, section 256B.0659, subdivision 3, is amended to
read:


Subd. 3.

Noncovered personal care assistance services.

(a) Personal care
assistance services are not eligible for medical assistance payment under this section
when provided:

(1) by the recipient's spouse, parent of a recipient under the age of 18, paid legal
guardian, licensed foster provider, except as allowed under section 256B.0652, subdivision
10
, or responsible party;

(2) in deleted text beginlieu of other staffing optionsdeleted text endnew text begin order to meet staffing or license requirementsnew text end in a
residential or child care setting;

(3) solely as a child care or babysitting service; or

(4) without authorization by the commissioner or the commissioner's designee.

(b) The following personal care services are not eligible for medical assistance
payment under this section when provided in residential settings:

(1) deleted text begineffective January 1, 2010,deleted text end when the provider of home care services who is not
related by blood, marriage, or adoption owns or otherwise controls the living arrangement,
including licensed or unlicensed services; or

(2) when personal care assistance services are the responsibility of a residential or
program license holder under the terms of a service agreement and administrative rules.

(c) Other specific tasks not covered under paragraph (a) or (b) that are not eligible
for medical assistance reimbursement for personal care assistance services under this
section include:

(1) sterile procedures;

(2) injections of fluids and medications into veins, muscles, or skin;

(3) home maintenance or chore services;

(4) homemaker services not an integral part of assessed personal care assistance
services needed by a recipient;

(5) application of restraints or implementation of procedures under section 245.825;

(6) instrumental activities of daily living for children under the age of 18, except
when immediate attention is needed for health or hygiene reasons integral to the personal
care services and the need is listed in the service plan by the assessor; and

(7) assessments for personal care assistance services by personal care assistance
provider agencies or by independently enrolled registered nurses.

Sec. 14.

Minnesota Statutes 2010, section 256B.0659, subdivision 9, is amended to
read:


Subd. 9.

Responsible party; generally.

(a) "Responsible party" means an
individual who is capable of providing the support necessary to assist the recipient to live
in the community.

(b) A responsible party must be 18 years of age, actively participate in planning and
directing of personal care assistance services, and attend all assessments for the recipient.

(c) A responsible party must not be the:

(1) personal care assistant;

(2)new text begin qualified professional;
new text end

new text begin (3)new text end home care provider agency owner or deleted text beginstaffdeleted text endnew text begin managernew text end; deleted text beginor
deleted text end

new text begin (4) home care provider agency staff unless staff who are not listed in clauses (1) to
(3) are related to the recipient by blood, marriage, or adoption; or
new text end

deleted text begin (3)deleted text endnew text begin (5)new text end county staff acting as part of employment.

(d) A licensed family foster parent who lives with the recipient may be the
responsible party as long as the family foster parent meets the other responsible party
requirements.

(e) A responsible party is required when:

(1) the person is a minor according to section 524.5-102, subdivision 10;

(2) the person is an incapacitated adult according to section 524.5-102, subdivision
6
, resulting in a court-appointed guardian; or

(3) the assessment according to subdivision 3a determines that the recipient is in
need of a responsible party to direct the recipient's care.

(f) There may be two persons designated as the responsible party for reasons such
as divided households and court-ordered custodies. Each person named as responsible
party must meet the program criteria and responsibilities.

(g) The recipient or the recipient's legal representative shall appoint a responsible
party if necessary to direct and supervise the care provided to the recipient. The
responsible party must be identified at the time of assessment and listed on the recipient's
service agreement and personal care assistance care plan.

Sec. 15.

Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 11,
is amended to read:


Subd. 11.

Personal care assistant; requirements.

(a) A personal care assistant
must meet the following requirements:

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years
of age with these additional requirements:

(i) supervision by a qualified professional every 60 days; and

(ii) employment by only one personal care assistance provider agency responsible
for compliance with current labor laws;

(2) be employed by a personal care assistance provider agency;

(3) enroll with the department as a personal care assistant after clearing a background
study. Except as provided in subdivision 11a, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study on
the personal care assistant under chapter 245C, and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) is disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;

(4) be able to effectively communicate with the recipient and personal care
assistance provider agency;

(5) be able to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to recipient needs,
and report changes in the recipient's condition to the supervising qualified professional
or physician;

(6) not be a consumer of personal care assistance services;

(7) maintain daily written records including, but not limited to, time sheets under
subdivision 12;

(8) effective January 1, 2010, complete standardized training as determined
by the commissioner before completing enrollment. The training must be available
in languages other than English and to those who need accommodations due to
disabilities. Personal care assistant training must include successful completion of the
following training components: basic first aid, vulnerable adult, child maltreatment,
OSHA universal precautions, basic roles and responsibilities of personal care assistants
including information about assistance with lifting and transfers for recipients, emergency
preparedness, orientation to positive behavioral practices, fraud issues, and completion of
time sheets. Upon completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;

(9) complete training and orientation on the needs of the recipient deleted text beginwithin the first
seven days after the services begin
deleted text end; and

(10) be limited to providing and being paid for up to 275 hours per monthdeleted text begin, except
that this limit shall be 275 hours per month for the period July 1, 2009, through June 30,
2011,
deleted text end of personal care assistance services regardless of the number of recipients being
served or the number of personal care assistance provider agencies enrolled with. The
number of hours worked per day shall not be disallowed by the department unless in
violation of the law.

(b) A legal guardian may be a personal care assistant if the guardian is not being paid
for the guardian services and meets the criteria for personal care assistants in paragraph (a).

(c) Persons who do not qualify as a personal care assistant include parents deleted text beginanddeleted text endnew text begin,new text end
stepparentsnew text begin, and legal guardiansnew text end of minorsdeleted text begin,deleted text endnew text begin;new text end spousesdeleted text begin,deleted text endnew text begin;new text end paid legal guardiansdeleted text begin,deleted text endnew text begin of adults;new text end
family foster care providers, except as otherwise allowed in section 256B.0625,
subdivision 19a
deleted text begin, ordeleted text endnew text begin; andnew text end staff of a residential setting. When the personal care assistant is a
relative of the recipient, the commissioner shall pay 80 percent of the provider rate. For
purposes of this section, relative means the parent or adoptive parent of an adult child, a
sibling aged 16 years or older, an adult child, a grandparent, or a grandchild.

Sec. 16.

Minnesota Statutes 2010, section 256B.0659, subdivision 13, is amended to
read:


Subd. 13.

Qualified professional; qualifications.

(a) The qualified professional
must work for a personal care assistance provider agency and meet the definition under
section 256B.0625, subdivision 19c. Before a qualified professional provides services, the
personal care assistance provider agency must initiate a background study on the qualified
professional under chapter 245C, and the personal care assistance provider agency must
have received a notice from the commissioner that the qualified professional:

(1) is not disqualified under section 245C.14; or

(2) is disqualified, but the qualified professional has received a set aside of the
disqualification under section 245C.22.

(b) The qualified professional shall perform the duties of training, supervision, and
evaluation of the personal care assistance staff and evaluation of the effectiveness of
personal care assistance services. The qualified professional shall:

(1) develop and monitor with the recipient a personal care assistance care plan based
on the service plan and individualized needs of the recipient;

(2) develop and monitor with the recipient a monthly plan for the use of personal
care assistance services;

(3) review documentation of personal care assistance services provided;

(4) provide training and ensure competency for the personal care assistant in the
individual needs of the recipient; and

(5) document all training, communication, evaluations, and needed actions to
improve performance of the personal care assistants.

(c) Effective July 1, deleted text begin2010deleted text endnew text begin 2011new text end, the qualified professional shall complete the provider
training with basic information about the personal care assistance program approved by
the commissionernew text begin. Newly hired qualified professionals must complete the trainingnew text end within
six months of the date hired by a personal care assistance provider agency. Qualified
professionals who have completed the required training as a worker from a personal care
assistance provider agency do not need to repeat the required training if they are hired
by another agency, if they have completed the training within the last three years. The
required training deleted text beginshalldeleted text endnew text begin mustnew text end be available deleted text beginin languages other than deleted text enddeleted text beginEnglish and to those who
need accommodations due to disabilities,
deleted text end new text beginwith meaningful access according to title VI of
the Civil Rights Act and federal regulations adopted under that law or any guidance from
the United States Health and Human Services Department. The required training must
be available
new text endonlinedeleted text begin,deleted text end or by electronic remote connectiondeleted text begin, anddeleted text endnew text begin. The required training mustnew text end
provide for competency testing to demonstrate an understanding of the content without
attending in-person training. A qualified professional is allowed to be employed and is not
subject to the training requirement until the training is offered online or through remote
electronic connection. A qualified professional employed by a personal care assistance
provider agency certified for participation in Medicare as a home health agency is exempt
from the training required in this subdivision.new text begin When available, the qualified professional
working for a Medicare-certified home health agency must successfully complete the
competency test.
new text end The commissioner shall ensure there is a mechanism in place to verify
the identity of persons completing the competency testing electronically.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2011.
new text end

Sec. 17.

Minnesota Statutes 2010, section 256B.0659, subdivision 14, is amended to
read:


Subd. 14.

Qualified professional; duties.

(a) Effective January 1, 2010, all personal
care assistants must be supervised by a qualified professional.

(b) Through direct training, observation, return demonstrations, and consultation
with the staff and the recipient, the qualified professional must ensure and document
that the personal care assistant is:

(1) capable of providing the required personal care assistance services;

(2) knowledgeable about the plan of personal care assistance services before services
are performed; and

(3) able to identify conditions that should be immediately brought to the attention of
the qualified professional.

(c) The qualified professional shall evaluate the personal care assistant within the
first 14 days of starting to provide regularly scheduled services for a recipientnew text begin, or sooner as
determined by the qualified professional,
new text end except for the personal care assistance choice
option under subdivision 19, paragraph (a), clause (4). For the initial evaluation, the
qualified professional shall evaluate the personal care assistance services for a recipient
through direct observation of a personal care assistant's work. new text beginThe qualified professional
may conduct additional training and evaluation visits, based upon the needs of the
recipient and the personal care assistant's ability to meet those needs.
new text end Subsequent visits to
evaluate the personal care assistance services provided to a recipient do not require direct
observation of each personal care assistant's work and shall occur:

(1) at least every 90 days thereafter for the first year of a recipient's services;

(2) every 120 days after the first year of a recipient's service or whenever needed for
response to a recipient's request for increased supervision of the personal care assistance
staff; and

(3) after the first 180 days of a recipient's service, supervisory visits may alternate
between unscheduled phone or Internet technology and in-person visits, unless the
in-person visits are needed according to the care plan.

(d) Communication with the recipient is a part of the evaluation process of the
personal care assistance staff.

(e) At each supervisory visit, the qualified professional shall evaluate personal care
assistance services including the following information:

(1) satisfaction level of the recipient with personal care assistance services;

(2) review of the month-to-month plan for use of personal care assistance services;

(3) review of documentation of personal care assistance services provided;

(4) whether the personal care assistance services are meeting the goals of the service
as stated in the personal care assistance care plan and service plan;

(5) a written record of the results of the evaluation and actions taken to correct any
deficiencies in the work of a personal care assistant; and

(6) revision of the personal care assistance care plan as necessary in consultation
with the recipient or responsible party, to meet the needs of the recipient.

(f) The qualified professional shall complete the required documentation in the
agency recipient and employee files and the recipient's home, including the following
documentation:

(1) the personal care assistance care plan based on the service plan and individualized
needs of the recipient;

(2) a month-to-month plan for use of personal care assistance services;

(3) changes in need of the recipient requiring a change to the level of service and the
personal care assistance care plan;

(4) evaluation results of supervision visits and identified issues with personal care
assistance staff with actions taken;

(5) all communication with the recipient and personal care assistance staff; and

(6) hands-on training or individualized training for the care of the recipient.

(g) The documentation in paragraph (f) must be done on agency deleted text beginformsdeleted text endnew text begin templatesnew text end.

(h) The services that are not eligible for payment as qualified professional services
include:

(1) direct professional nursing tasks that could be assessed and authorized as skilled
nursing tasks;

deleted text begin (2) supervision of personal care assistance completed by telephone;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end agency administrative activities;

deleted text begin (4)deleted text endnew text begin (3)new text end training other than the individualized training required to provide care for a
recipient; and

deleted text begin (5)deleted text endnew text begin (4)new text end any other activity that is not described in this section.

Sec. 18.

Minnesota Statutes 2010, section 256B.0659, subdivision 19, is amended to
read:


Subd. 19.

Personal care assistance choice option; qualifications; duties.

(a)
Under personal care assistance choice, the recipient or responsible party shall:

(1) recruit, hire, schedule, and terminate personal care assistants according to the
terms of the written agreement required under subdivision 20, paragraph (a);

(2) develop a personal care assistance care plan based on the assessed needs
and addressing the health and safety of the recipient with the assistance of a qualified
professional as needed;

(3) orient and train the personal care assistant with assistance as needed from the
qualified professional;

(4) effective January 1, 2010, supervise and evaluate the personal care assistant with
the qualified professional, who is required to visit the recipient at least every 180 days;

(5) monitor and verify in writing and report to the personal care assistance choice
agency the number of hours worked by the personal care assistant and the qualified
professional;

(6) engage in an annual face-to-face reassessment to determine continuing eligibility
and service authorization; and

(7) use the same personal care assistance choice provider agency if shared personal
assistance care is being used.

(b) The personal care assistance choice provider agency shall:

(1) meet all personal care assistance provider agency standards;

(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;

(3) not be related as a parent, child, sibling, or spouse to the recipientdeleted text begin, qualified
professional,
deleted text end or the personal care assistant; and

(4) ensure arm's-length transactions without undue influence or coercion with the
recipient and personal care assistant.

(c) The duties of the personal care assistance choice provider agency are to:

(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations including, but not limited to, purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation and unemployment insurance;

(2) bill the medical assistance program for personal care assistance services and
qualified professional services;

(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;

(4) pay the personal care assistant and qualified professional based on actual hours
of services provided;

(5) withhold and pay all applicable federal and state taxes;

(6) verify and keep records of hours worked by the personal care assistant and
qualified professional;

(7) make the arrangements and pay taxes and other benefits, if any, and comply with
any legal requirements for a Minnesota employer;

(8) enroll in the medical assistance program as a personal care assistance choice
agency; and

(9) enter into a written agreement as specified in subdivision 20 before services
are provided.

Sec. 19.

Minnesota Statutes 2010, section 256B.0659, subdivision 20, is amended to
read:


Subd. 20.

Personal care assistance choice option; administration.

(a) Before
services commence under the personal care assistance choice option, and annually
thereafter, the personal care assistance choice provider agency and the recipient or
responsible party shall enter into a written agreement. The annual agreement must be
provided to the recipient or responsible party, each personal care assistant, and the
qualified professional when completed, and include at a minimum:

(1) duties of the recipient, qualified professional, personal care assistant, and
personal care assistance choice provider agency;

(2) salary and benefits for the personal care assistant and the qualified professional;

(3) administrative fee of the personal care assistance choice provider agency and
services paid for with that fee, including background study fees;

(4) grievance procedures to respond to complaints;

(5) procedures for hiring and terminating the personal care assistant; and

(6) documentation requirements including, but not limited to, time sheets, activity
records, and the personal care assistance care plan.

(b) Effective January 1, 2010, except for the administrative fee of the personal care
assistance choice provider agency as reported on the written agreement, the remainder
of the rates paid to the personal care assistance choice provider agency must be used to
pay for the salary and benefits for the personal care assistant or the qualified professional.
The provider agency must use a minimum of 72.5 percent of the revenue generated by
the medical assistance rate for personal care assistance services for employee personal
care assistant wages and benefits.new text begin The revenue generated by the qualified professional
and the reasonable costs associated with the qualified professional shall not be used in
making this calculation.
new text end

(c) The commissioner shall deny, revoke, or suspend the authorization to use the
personal care assistance choice option if:

(1) it has been determined by the qualified professional or public health nurse that
the use of this option jeopardizes the recipient's health and safety;

(2) the parties have failed to comply with the written agreement specified in this
subdivision;

(3) the use of the option has led to abusive or fraudulent billing for personal care
assistance services; or

(4) the department terminates the personal care assistance choice option.

(d) The recipient or responsible party may appeal the commissioner's decision in
paragraph (c) according to section 256.045. The denial, revocation, or suspension to
use the personal care assistance choice option must not affect the recipient's authorized
level of personal care assistance services.

Sec. 20.

Minnesota Statutes 2010, section 256B.0659, subdivision 21, is amended to
read:


Subd. 21.

Requirements for initial enrollment of personal care assistance
provider agencies.

(a) All personal care assistance provider agencies must provide, at the
time of enrollment as a personal care assistance provider agency in a format determined
by the commissioner, information and documentation that includes, but is not limited to,
the following:

(1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;

(2) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous year, whichever is less;

(3) proof of fidelity bond coverage in the amount of $20,000;

(4) proof of workers' compensation insurance coverage;

(5) proof of liability insurance;

(6) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directors, owners, or staff to other service providers;

(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;

(8) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:

(i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;

(ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and

(iii) the personal care assistance provider agency's template for the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;

(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;

(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;

(11) documentation of the agency's marketing practices;

(12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services;

(13) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services
for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
personal care assistance choice option and 72.5 percent of revenue from other personal
care assistance providersnew text begin. The revenue generated by the qualified professional and the
reasonable costs associated with the qualified professional shall not be used in making
this calculation
new text end; and

(14) effective May 15, 2010, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by requiring personal
care assistants to sign an agreement not to work with any particular personal care
assistance recipient or for another personal care assistance provider agency after leaving
the agency and that the agency is not taking action on any such agreements or requirements
regardless of the date signed.

(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.

(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training
as determined by the commissioner before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are active in
the day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to repeat
the required training if they are hired by another agency, if they have completed the
training within the past three years. By September 1, 2010, the required training must be
available deleted text beginin languages other than English and to those who need accommodations due
to disabilities,
deleted text end new text beginwith meaningful access according to title VI of the Civil Rights Act and
federal regulations adopted under that law or any guidance from the United States Health
and Human Services Department. The required training must be available
new text endonlinedeleted text begin,deleted text end or by
electronic remote connectiondeleted text begin, anddeleted text endnew text begin. The required training mustnew text end provide for competency
testing. Personal care assistance provider agency billing staff shall complete training about
personal care assistance program financial management. This training is effective July 1,
2009. Any personal care assistance provider agency enrolled before that date shall, if it
has not already, complete the provider training within 18 months of July 1, 2009. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. Personal care assistance provider agencies certified for participation in Medicare
as home health agencies are exempt from the training required in this subdivision.new text begin When
available, Medicare-certified home health agency owners, supervisors, or managers must
successfully complete the competency test.
new text end

Sec. 21.

Minnesota Statutes 2010, section 256B.0659, subdivision 24, is amended to
read:


Subd. 24.

Personal care assistance provider agency; general duties.

A personal
care assistance provider agency shall:

(1) enroll as a Medicaid provider meeting all provider standards, including
completion of the required provider training;

(2) comply with general medical assistance coverage requirements;

(3) demonstrate compliance with law and policies of the personal care assistance
program to be determined by the commissioner;

(4) comply with background study requirements;

(5) verify and keep records of hours worked by the personal care assistant and
qualified professional;

(6) not engage in any agency-initiated direct contact or marketing in person, by
phone, or other electronic means to potential recipients, guardians, or family members;

(7) pay the personal care assistant and qualified professional based on actual hours
of services provided;

(8) withhold and pay all applicable federal and state taxes;

(9) effective January 1, 2010, document that the agency uses a minimum of 72.5
percent of the revenue generated by the medical assistance rate for personal care assistance
services for employee personal care assistant wages and benefitsnew text begin. The revenue generated
by the qualified professional and the reasonable costs associated with the qualified
professional shall not be used in making this calculation
new text end;

(10) make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;

(11) enter into a written agreement under subdivision 20 before services are provided;

(12) report suspected neglect and abuse to the common entry point according to
section 256B.0651;

(13) provide the recipient with a copy of the home care bill of rights at start of
service; and

(14) request reassessments at least 60 days prior to the end of the current
authorization for personal care assistance services, on forms provided by the commissioner.

Sec. 22.

Minnesota Statutes 2010, section 256B.0659, subdivision 30, is amended to
read:


Subd. 30.

Notice of service changes to recipients.

The commissioner must provide:

(1) by October 31, 2009, information to recipients likely to be affected that (i)
describes the changes to the personal care assistance program that may result in the
loss of access to personal care assistance services, and (ii) includes resources to obtain
further information;new text begin and
new text end

deleted text begin (2) notice of changes in medical assistance personal care assistance services to each
affected recipient at least 30 days before the effective date of the change.
deleted text end

deleted text begin The notice shall include how to get further information on the changes, how to get help to
obtain other services, a list of community resources, and appeal rights. Notwithstanding
section 256.045, a recipient may request continued services pending appeal within the
time period allowed to request an appeal; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end a service agreement authorizing personal care assistance hours of service at
the previously authorized level, throughout the appeal process period, when a recipient
requests services pending an appeal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 23.

Minnesota Statutes 2010, section 256B.0916, subdivision 7, is amended to
read:


Subd. 7.

Annual report by commissioner.

new text begin(a) new text endBeginning November 1, 2001, and
each November 1 thereafter, the commissioner shall issue an annual report on county and
state use of available resources for the home and community-based waiver for persons with
developmental disabilities. For each county or county partnership, the report shall include:

(1) the amount of funds allocated but not used;

(2) the county specific allowed reserve amount approved and used;

(3) the number, ages, and living situations of individuals screened and waiting for
services;

(4) the urgency of need for services to begin within one, two, or more than two
years for each individual;

(5) the services needed;

(6) the number of additional persons served by approval of increased capacity within
existing allocations;

(7) results of action by the commissioner to streamline administrative requirements
and improve county resource management; and

(8) additional action that would decrease the number of those eligible and waiting
for waivered services.

The commissioner shall specify intended outcomes for the program and the degree to
which these specified outcomes are attained.

new text begin (b) This subdivision expires January 1, 2013.
new text end

Sec. 24.

Minnesota Statutes 2010, section 256B.092, subdivision 11, is amended to
read:


Subd. 11.

Residential support services.

(a) Upon federal approval, there is
established a new service called residential support that is available on the community
alternative care, community alternatives for disabled individuals, developmental
disabilities, and traumatic brain injury waivers. Existing waiver service descriptions
must be modified to the extent necessary to ensure there is no duplication between
other services. Residential support services must be provided by vendors licensed as a
community residential setting as defined in section 245A.11, subdivision 8.

(b) Residential support services must meet the following criteria:

(1) providers of residential support services must own or control the residential site;

(2) the residential site must not be the primary residence of the license holder;

(3) the residential site must have a designated program supervisor responsible for
program oversight, development, and implementation of policies and procedures;

(4) the provider of residential support services must provide supervision, training,
and assistance as described in the person's community support plan; and

(5) the provider of residential support services must meet the requirements of
licensure and additional requirements of the person's community support plan.

(c) Providers of residential support services that meet the definition in paragraph
(a) must be registered using a process determined by the commissioner beginning July
1, 2009.new text begin Providers licensed to provide child foster care under Minnesota Rules, parts
2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts
9555.5105 to 9555.6265, and that meet the requirements in section 245A.03, subdivision
7, paragraph (e), are considered registered under this section.
new text end

Sec. 25.

Minnesota Statutes 2010, section 256B.096, subdivision 5, is amended to read:


Subd. 5.

Biennial report.

new text begin(a) new text endThe commissioner shall provide a biennial report to
the chairs of the legislative committees with jurisdiction over health and human services
policy and funding beginning January 15, 2009, on the development and activities of the
quality management, assurance, and improvement system designed to meet the federal
requirements under the home and community-based services waiver programs for persons
with disabilities. By January 15, 2008, the commissioner shall provide a preliminary
report on priorities for meeting the federal requirements, progress on development and
field testing of the annual survey, appropriations necessary to implement an annual survey
of service recipients once field testing is completed, recommendations for improvements
in the incident reporting system, and a plan for incorporating quality assurance efforts
under section 256B.095 and other regional efforts into the statewide system.

new text begin (b) This subdivision expires January 1, 2013.
new text end

Sec. 26.

Minnesota Statutes 2010, section 256B.441, subdivision 13, is amended to
read:


Subd. 13.

External fixed costs.

"External fixed costs" means costs related to the
nursing home surcharge under section 256.9657, subdivision 1; licensure fees under
section 144.122; long-term care consultation fees under section 256B.0911, subdivision 6;
family advisory council fee under section 144A.33; scholarships under section 256B.431,
subdivision 36
; planned closure rate adjustments under section deleted text begin256B.436 ordeleted text end 256B.437; or
single bed room incentives under section 256B.431, subdivision 42; property taxes and
property insurance; and PERA.

Sec. 27.

Minnesota Statutes 2010, section 256B.441, subdivision 31, is amended to
read:


Subd. 31.

Prior system operating cost payment rate.

"Prior system operating
cost payment rate" means the operating cost payment rate in effect on September 30,
2008, under Minnesota Rules and Minnesota Statutes, not including planned closure rate
adjustments under section deleted text begin256B.436 ordeleted text end 256B.437, or single bed room incentives under
section 256B.431, subdivision 42.

Sec. 28.

Minnesota Statutes 2010, section 256B.441, subdivision 53, is amended to
read:


Subd. 53.

Calculation of payment rate for external fixed costs.

The commissioner
shall calculate a payment rate for external fixed costs.

(a) For a facility licensed as a nursing home, the portion related to section 256.9657
shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care
home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the
result of its number of nursing home beds divided by its total number of licensed beds.

(b) The portion related to the licensure fee under section 144.122, paragraph (d),
shall be the amount of the fee divided by actual resident days.

(c) The portion related to scholarships shall be determined under section 256B.431,
subdivision 36.

(d) The portion related to long-term care consultation shall be determined according
to section 256B.0911, subdivision 6.

(e) The portion related to development and education of resident and family advisory
councils under section 144A.33 shall be $5 divided by 365.

(f) The portion related to planned closure rate adjustments shall be as determined
under deleted text beginsections 256B.436 anddeleted text endnew text begin sectionnew text end 256B.437, subdivision 6new text begin, and Minnesota Statutes
2010, section 256B.436
new text end. Planned closure rate adjustments that take effect before October
1, 2014, shall no longer be included in the payment rate for external fixed costs beginning
October 1, 2016. Planned closure rate adjustments that take effect on or after October 1,
2014, shall no longer be included in the payment rate for external fixed costs beginning on
October 1 of the first year not less than two years after their effective date.

(g) The portions related to property insurance, real estate taxes, special assessments,
and payments made in lieu of real estate taxes directly identified or allocated to the nursing
facility shall be the actual amounts divided by actual resident days.

(h) The portion related to the Public Employees Retirement Association shall be
actual costs divided by resident days.

(i) The single bed room incentives shall be as determined under section 256B.431,
subdivision 42. Single bed room incentives that take effect before October 1, 2014, shall
no longer be included in the payment rate for external fixed costs beginning October 1,
2016. Single bed room incentives that take effect on or after October 1, 2014, shall no
longer be included in the payment rate for external fixed costs beginning on October 1 of
the first year not less than two years after their effective date.

(j) The payment rate for external fixed costs shall be the sum of the amounts in
paragraphs (a) to (i).

Sec. 29.

Minnesota Statutes 2010, section 256B.49, subdivision 21, is amended to read:


Subd. 21.

Report.

new text begin(a) new text endThe commissioner shall expand on the annual report required
under section 256B.0916, subdivision 7, to include information on the county of residence
and financial responsibility, age, and major diagnoses for persons eligible for the home
and community-based waivers authorized under subdivision 11 who are:

(1) receiving those services;

(2) screened and waiting for waiver services; and

(3) residing in nursing facilities and are under age 65.

new text begin (b) This subdivision expires January 1, 2013.
new text end

Sec. 30.

Minnesota Statutes 2011 Supplement, section 626.557, subdivision 9, is
amended to read:


Subd. 9.

Common entry point designation.

(a) Each county board shall designate
a common entry point for reports of suspected maltreatment. Two or more county boards
may jointly designate a single common entry point. The common entry point is the unit
responsible for receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2) the name, address, and telephone number of the person reporting;

(3) the time, date, and location of the incident;

(4) the names of the persons involved, including but not limited to, perpetrators,
alleged victims, and witnesses;

(5) whether there was a risk of imminent danger to the alleged victim;

(6) a description of the suspected maltreatment;

(7) the disability, if any, of the alleged victim;

(8) the relationship of the alleged perpetrator to the alleged victim;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) any action taken by the common entry point;

(11) whether law enforcement has been notified;

(12) whether the reporter wishes to receive notification of the initial and final
reports; and

(13) if the report is from a facility with an internal reporting procedure, the name,
mailing address, and telephone number of the person who initiated the report internally.

(c) The common entry point is not required to complete each item on the form prior
to dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency
any incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative
agency, those agencies shall take the report on the appropriate common entry point intake
forms and immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and
dispatch reports efficiently and in accordance with this section.

(g) deleted text beginWhen a centralized database is available, the common entry point has access to
the centralized database and must log the reports into the database.
deleted text endnew text begin The commissioner of
human services shall maintain a centralized database for the collection of common entry
point data, lead investigative agency data including maltreatment report disposition, and
appeals data.
new text end

Sec. 31.

Minnesota Statutes 2011 Supplement, section 626.557, subdivision 9a,
is amended to read:


Subd. 9a.

Evaluation and referral of reports made to common entry point unit.

The common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected
maltreatment to the appropriate lead investigative agency as soon as possible, but in any
event no longer than two working days; deleted text beginand
deleted text end

new text begin (4) if the report involves services licensed by the Department of Human Services
and subject to chapter 245D, the common entry point shall refer the report to the county as
the lead agency according to clause (3), but shall also notify the Department of Human
Services of the report; and
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end if the report contains information about a suspicious death, the common
entry point shall immediately notify the appropriate law enforcement agencies, the local
medical examiner, and the ombudsman for mental health and developmental disabilities
established under section 245.92. Law enforcement agencies shall coordinate with the
local medical examiner and the ombudsman as provided by law.

Sec. 32.

Minnesota Statutes 2011 Supplement, section 626.5572, subdivision 13,
is amended to read:


Subd. 13.

Lead investigative agency.

"Lead investigative agency" is the primary
administrative agency responsible for investigating reports made under section 626.557.

(a) The Department of Health is the lead investigative agency for facilities or
services licensed or required to be licensed as hospitals, home care providers, nursing
homes, boarding care homes, hospice providers, residential facilities that are also federally
certified as intermediate care facilities that serve people with developmental disabilities,
or any other facility or service not listed in this subdivision that is licensed or required to
be licensed by the Department of Health for the care of vulnerable adults. "Home care
provider" has the meaning provided in section 144A.43, subdivision 4, and applies when
care or services are delivered in the vulnerable adult's home, whether a private home or a
housing with services establishment registered under chapter 144D, including those that
offer assisted living services under chapter 144G.

(b)new text begin Except as provided under paragraph (c), for services licensed according to
chapter 245D,
new text end the Department of Human Services is the lead investigative agency for
facilities or services licensed or required to be licensed as adult day care, adult foster care,
programs for people with developmental disabilities, family adult day services, mental
health programs, mental health clinics, chemical dependency programs, the Minnesota
sex offender program, or any other facility or service not listed in this subdivision that is
licensed or required to be licensed by the Department of Human Services.

(c) The county social service agency or its designee is the lead investigative agency
for all other reports, including, but not limited to, reports involving vulnerable adults
receiving services from a personal care provider organization under section 256B.0659new text begin,
or receiving home and community-based services licensed by the Department of Human
Services and subject to chapter 245D
new text end.

Sec. 33.

Laws 2008, chapter 338, section 3, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

(a) The commissioner of human services, in
cooperation with the commissioners of health and housing finance, shall develop and
implement, beginning July 1, 2009, a deleted text beginthree-yeardeleted text endnew text begin five-yearnew text end demonstration project for older
adult services community consortiums. An older adult services community consortium
may consist of health care and social service providers, county agencies, health plan
companies, and other community stakeholders within a demonstration site that have
established a process for joint decision making. Demonstration sites may include a portion
of a county, an entire county, or multiple counties.

(b) Each community consortium seeking to participate as a demonstration site must
submit an application to the commissioner. The application must include:

(1) a description of the entities participating in the consortium, the scope of
collaboration, and the process to be used for joint-decision making;

(2) the methods by which the consortium plans to achieve the goals specified in
subdivision 2;

(3) a description of the proposed demonstration site; and

(4) other information the commissioner determines to be necessary to evaluate
proposals.

(c) The commissioner of human services shall establish a process to review and
consider applicants. The commissioner shall designate up to three community consortiums
as demonstration projects.

(d) Each community consortium selected to participate shall establish a local group
to assist in planning, designing, implementing, and evaluating the coordinated service
delivery system within the demonstration site. Planning for each consortium shall build
upon current planning processes developed by county gaps analyses and Elder Care
Development Partnerships under Minnesota Statutes, section 256B.0917.

Sec. 34.

Laws 2008, chapter 338, section 3, subdivision 8, is amended to read:


Subd. 8.

Evaluation and report.

The commissioner of human services, in
cooperation with the commissioners of health and housing finance, shall evaluate the
demonstration project, and report preliminary findings and recommendations to the
legislature by November 15, 2011, on whether the demonstration project should be
continued and whether the number of demonstration project sites increased. The final
report of findings and recommendations shall be delivered to the legislature by January
15, deleted text begin2013deleted text endnew text begin 2015new text end. The preliminary and final evaluation and report must include:

(1) a comparison of the performance of demonstration sites relative to nonconsortium
communities on the quality measures specified in subdivision 5;

(2) an assessment of the extent to which the demonstration project can be
successfully expanded to other parts of the state;

(3) legislative changes necessary to improve the effectiveness of the demonstration
project and to expand the projects to other parts of the state; and

(4) any actions taken by the commissioner of health under subdivision 5.

The commissioner of human services may withhold up to $50,000 of the funding
provided to each participating community consortium under this section to fund the
evaluation and report.

Sec. 35.

Laws 2009, chapter 79, article 8, section 81, as amended by Laws 2010,
chapter 352, article 1, section 24, is amended to read:


Sec. 81. ESTABLISHING A SINGLE SET OF STANDARDS.

(a) The commissioner of human services shall consult with disability service
providers, advocates, counties, and consumer families to develop a single set of standards,
to be referred to as "quality outcome standards," governing services for people with
disabilities receiving services under the home and community-based waiver services
programnew text begin, with the exception of customized living services because the service license
is under the jurisdiction of the Department of Health,
new text end to replace all or portions of
existing laws and rules including, but not limited to, data practices, licensure of facilities
and providers, background studies, reporting of maltreatment of minors, reporting of
maltreatment of vulnerable adults, and the psychotropic medication checklist. The
standards must:

(1) enable optimum consumer choice;

(2) be consumer driven;

(3) link services to individual needs and life goals;

(4) be based on quality assurance and individual outcomes;

(5) utilize the people closest to the recipient, who may include family, friends, and
health and service providers, in conjunction with the recipient's risk management plan to
assist the recipient or the recipient's guardian in making decisions that meet the recipient's
needs in a cost-effective manner and assure the recipient's health and safety;

(6) utilize person-centered planning; and

(7) maximize federal financial participation.

(b) The commissioner may consult with existing stakeholder groups convened under
the commissioner's authority, including the home and community-based expert services
panel established by the commissioner in 2008, to meet all or some of the requirements
of this section.

(c) The commissioner shall provide the reports and plans required by this section to
the legislative committees and budget divisions with jurisdiction over health and human
services policy and finance by January 15, 2012.

Sec. 36. new text beginDISABILITY HOME AND COMMUNITY-BASED WAIVER
REQUEST.
new text end

new text begin By December 1, 2012, the commissioner shall request all federal approvals and
waiver amendments to the disability home and community-based waivers to allow properly
licensed adult foster care homes to provide residential services for up to five individuals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 37. new text beginHOURLY NURSING DETERMINATION MATRIX.
new text end

new text begin A service provider applying for medical assistance payments for private duty nursing
services under Minnesota Statutes, section 256B.0654, must complete and submit to the
commissioner of human services an hourly nursing determination matrix for each recipient
of private duty nursing services. The commissioner of human services will collect and
analyze data from the hourly nursing determination matrix.
new text end

Sec. 38. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l,
2o, 3c, 11, 14, 17b, 17f, 19, 20, 25, 27, and 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e,
4g, 4h, 7, and 8; 256B.435; and 256B.436,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2011 Supplement, section 256B.431, subdivision 26, new text end new text begin is
repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 9555.7700, new text end new text begin is repealed.
new text end

ARTICLE 10

TELEPHONE EQUIPMENT PROGRAM

Section 1.

Minnesota Statutes 2010, section 237.50, is amended to read:


237.50 DEFINITIONS.

Subdivision 1.

Scope.

The terms used in sections 237.50 to 237.56 have the
meanings given them in this section.

Subd. 3.

Communication deleted text beginimpaireddeleted text endnew text begin disabilitynew text end.

"Communication deleted text beginimpaireddeleted text endnew text begin
disability
new text end" means certified as deleted text begindeaf, severely hearing impaired, hard-of-hearingdeleted text endnew text begin having
a hearing loss
new text end, speech deleted text beginimpaired, deaf and blinddeleted text endnew text begin disabilitynew text end, or deleted text beginmobility impaired if the
mobility impairment significantly impedes the ability
deleted text endnew text begin physical disability that makes it
difficult or impossible
new text end to use deleted text beginstandard customer premisesdeleted text endnew text begin telecommunications services
and
new text end equipment.

deleted text begin Subd. 4. deleted text end

deleted text begin Communication device. deleted text end

deleted text begin "Communication device" means a device that
when connected to a telephone enables a communication-impaired person to communicate
with another person utilizing the telephone system. A "communication device" includes a
ring signaler, an amplification device, a telephone device for the deaf, a Brailling device
for use with a telephone, and any other device the Department of Human Services deems
necessary.
deleted text end

Subd. 4a.

Deaf.

"Deaf" means a hearing deleted text beginimpairmentdeleted text endnew text begin lossnew text end of such severity that the
individual must depend primarily upon visual communication such as writing, lip reading,
deleted text begin manual communicationdeleted text endnew text begin sign languagenew text end, and gestures.

new text begin Subd. 4b. new text end

new text begin Deafblind. new text end

new text begin "Deafblind" means any combination of vision and hearing
loss which interferes with acquiring information from the environment to the extent that
compensatory strategies and skills are necessary to access that or other information.
new text end

deleted text begin Subd. 5. deleted text end

deleted text begin Exchange. deleted text end

deleted text begin "Exchange" means a unit area established and described by the
tariff of a telephone company for the administration of telephone service in a specified
geographical area, usually embracing a city, town, or village and its environs, and served
by one or more central offices, together with associated facilities used in providing
service within that area.
deleted text end

Subd. 6.

Fund.

"Fund" means the telecommunications access Minnesota fund
established in section 237.52.

Subd. 6a.

Hard-of-hearing.

"Hard-of-hearing" means a hearing deleted text beginimpairmentdeleted text endnew text begin lossnew text end
resulting in a functional deleted text beginlossdeleted text endnew text begin limitationnew text end, but not to the extent that the individual must
depend primarily upon visual communication.

deleted text begin Subd. 7. deleted text end

deleted text begin Interexchange service. deleted text end

deleted text begin "Interexchange service" means telephone service
between points in two or more exchanges.
deleted text end

deleted text begin Subd. 8. deleted text end

deleted text begin Inter-LATA interexchange service. deleted text end

deleted text begin "Inter-LATA interexchange service"
means interexchange service originating and terminating in different LATAs.
deleted text end

deleted text begin Subd. 9. deleted text end

deleted text begin Local access and transport area. deleted text end

deleted text begin "Local access and transport area
(LATA)" means a geographical area designated by the Modification of Final Judgment
in U.S. v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), including
modifications in effect on the effective date of sections 237.51 to 237.54.
deleted text end

deleted text begin Subd. 10. deleted text end

deleted text begin Local exchange service. deleted text end

deleted text begin "Local exchange service" means telephone
service between points within an exchange.
deleted text end

new text begin Subd. 10a. new text end

new text begin Telecommunications device. new text end

new text begin "Telecommunications device" means
a device that (1) allows a person with a communication disability to have access to
telecommunications services as defined in subdivision 13, and (2) is specifically
selected by the Department of Human Services for its capacity to allow persons with
communication disabilities to use telecommunications services in a manner that is
functionally equivalent to the ability of an individual who does not have a communication
disability. A telecommunications device may include a ring signaler, an amplified
telephone, a hands-free telephone, a text telephone, a captioned telephone, a wireless
device, a device that produces Braille output for use with a telephone, and any other
device the Department of Human Services deems appropriate.
new text end

Subd. 11.

deleted text beginTelecommunicationdeleted text endnew text begin Telecommunicationsnew text end Relay deleted text beginservicedeleted text endnew text begin Servicesnew text end.

"deleted text beginTelecommunicationdeleted text endnew text begin Telecommunicationsnew text end Relay deleted text beginservicedeleted text endnew text begin Services" or "TRSnew text end" means
deleted text begin a central statewide service through which a communication-impaired person,
using a communication device, may send and receive messages to and from a
non-communication-impaired person whose telephone is not equipped with a
communication device and through which a non-communication-impaired person
may, by using voice communication, send and receive messages to and from a
communication-impaired person
deleted text endnew text begin the telecommunications transmission services required
under Federal Communications Commission (FCC) regulations at Code of Federal
Regulations, title 47, sections 64.604 to 64.606. TRS allows an individual who has
a communication disability to use telecommunications services in a manner that is
functionally equivalent to the ability of an individual who does not have a communication
disability
new text end.

new text begin Subd. 12. new text end

new text begin Telecommunications. new text end

new text begin "Telecommunications" means the transmission,
between or among points specified by the user, of information of the user's choosing,
without change in the form or content of the information as sent and received.
new text end

new text begin Subd. 13. new text end

new text begin Telecommunications services. new text end

new text begin "Telecommunications services" means
the offering of telecommunications for fee directly to the public, or to such classes of users
as to be effectively available to the public, regardless of the facilities used.
new text end

Sec. 2.

Minnesota Statutes 2010, section 237.51, is amended to read:


237.51 TELECOMMUNICATIONS ACCESS MINNESOTA PROGRAM
ADMINISTRATION.

Subdivision 1.

Creation.

The commissioner of commerce shall:

(1) administer through interagency agreement with the commissioner of human
services a program to distribute deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end devices to eligible
deleted text begin communication-impaireddeleted text end personsnew text begin who have communication disabilitiesnew text end; and

(2) contract with deleted text beginadeleted text endnew text begin one or more new text end qualified deleted text beginvendordeleted text endnew text begin vendors new text end that deleted text beginserves
communication-impaired
deleted text endnew text begin servenew text end personsnew text begin who have communication disabilitiesnew text end to deleted text begincreate
and maintain a telecommunication
deleted text endnew text begin provide telecommunicationsnew text end relay deleted text beginservicedeleted text endnew text begin servicesnew text end.

For purposes of sections 237.51 to 237.56, the Department of Commerce and any
organization with which it contracts pursuant to this section or section 237.54, subdivision
2
, are not telephone companies or telecommunications carriers as defined in section
237.01.

Subd. 5.

Commissioner of commerce duties.

In addition to any duties specified
elsewhere in sections 237.51 to 237.56, the commissioner of commerce shall:

(1) prepare the reports required by section 237.55;

(2) administer the fund created in section 237.52; and

(3) adopt rules under chapter 14 to implement the provisions of sections 237.50
to 237.56.

Subd. 5a.

deleted text beginDepartmentdeleted text endnew text begin Commissionernew text end of human services duties.

(a) In addition to
any duties specified elsewhere in sections 237.51 to 237.56, the commissioner of human
services shall:

(1) define economic hardship, special needs, and household criteria so as to
determine the priority of eligible applicants for initial distribution of devices and to
determine circumstances necessitating provision of more than one deleted text begincommunicationdeleted text endnew text begin
telecommunications
new text end device per household;

(2) establish a method to verify eligibility requirements;

(3) establish specifications for deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end devices to be
deleted text begin purchaseddeleted text endnew text begin providednew text end under section 237.53, subdivision 3; deleted text beginand
deleted text end

(4) inform the public and specifically deleted text beginthe community of communication-impaireddeleted text end
personsnew text begin who have communication disabilitiesnew text end of the programdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) provide devices based on the assessed need of eligible applicants.
new text end

(b) The commissioner may establish an advisory board to advise the department
in carrying out the duties specified in this section and to advise the commissioner of
commerce in carrying out duties under section 237.54. If so established, the advisory
board must include, at a minimum, the following deleted text begincommunication-impaireddeleted text end persons:

(1) at least one member who is deaf;

(2) at least one member who deleted text beginisdeleted text endnew text begin has anew text end speech deleted text beginimpaireddeleted text endnew text begin disabilitynew text end;

(3) at least one member who deleted text beginis mobility impaireddeleted text endnew text begin has a physical disability that
makes it difficult or impossible for the person to access telecommunications services
new text end; and

(4) at least one member who is hard-of-hearing.

The membership terms, compensation, and removal of members and the filling of
membership vacancies are governed by section 15.059. Advisory board meetings shall be
held at the discretion of the commissioner.

Sec. 3.

Minnesota Statutes 2010, section 237.52, is amended to read:


237.52 TELECOMMUNICATIONS ACCESS MINNESOTA FUND.

Subdivision 1.

Fund established.

A telecommunications access Minnesota fund is
established as an account in the state treasury. Earnings, such as interest, dividends, and
any other earnings arising from fund assets, must be credited to the fund.

Subd. 2.

Assessment.

(a) The commissioner of commerce, the commissioner
of employment and economic development, and the commissioner of human services
shall annually recommend to the new text beginPublic Utilities new text endCommissionnew text begin (PUC)new text end an adequate and
appropriate surcharge and budget to implement sections 237.50 to 237.56, 248.062,
and 256C.30, respectively. The maximum annual budget for section 248.062 must not
exceed $100,000 and for section 256C.30 must not exceed $300,000. The Public Utilities
Commission shall review the budgets for reasonableness and may modify the budget
to the extent it is unreasonable. The commission shall annually determine the funding
mechanism to be used within 60 days of receipt of the recommendation of the departments
and shall order the imposition of surcharges effective on the earliest practicable date. The
commission shall establish a monthly charge no greater than 20 cents for each customer
access line, including trunk equivalents as designated by the commission pursuant to
section 403.11, subdivision 1.

(b) If the fund balance falls below a level capable of fully supporting all programs
eligible under subdivision 5 and sections 248.062 and 256C.30, expenditures under
sections 248.062 and 256C.30 shall be reduced on a pro rata basis and expenditures under
sections 237.53 and 237.54 shall be fully funded. Expenditures under sections 248.062
and 256C.30 shall resume at fully funded levels when the commissioner of commerce
determines there is a sufficient fund balance to fully fund those expenditures.

Subd. 3.

Collection.

Every deleted text begintelephone company or communications carrier that
provides service
deleted text endnew text begin provider of servicesnew text end capable of originating a deleted text begintelecommunications relaydeleted text endnew text begin
TRS
new text end call, including cellular communications and other nonwire access services, in this
state shall collect the charges established by the commission under subdivision 2 and
transfer amounts collected to the commissioner of public safety in the same manner as
provided in section 403.11, subdivision 1, paragraph (d). The commissioner of public
safety must deposit the receipts in the fund established in subdivision 1.

Subd. 4.

Appropriation.

Money in the fund is appropriated to the commissioner of
commerce to implement sections 237.51 to 237.56, to the commissioner of employment
and economic development to implement section 248.062, and to the commissioner of
human services to implement section 256C.30.

Subd. 5.

Expenditures.

(a) Money in the fund may only be used for:

(1) expenses of the Department of Commerce, including personnel cost, public
relations, advisory board members' expenses, preparation of reports, and other reasonable
expenses not to exceed ten percent of total program expenditures;

(2) reimbursing the commissioner of human services for purchases made or services
provided pursuant to section 237.53; new text beginand
new text end

deleted text begin (3) reimbursing telephone companies for purchases made or services provided
deleted text end deleted text begin under section deleted text end deleted text begin 237.53, subdivision 5 deleted text end deleted text begin ; and
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end contracting for deleted text beginestablishment and operation of the telecommunication relay
service
deleted text endnew text begin the provision of TRSnew text end required by section 237.54.

(b) All costs directly associated with the establishment of the program, the purchase
and distribution of deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end devices, and the deleted text beginestablishment
and operation of the telecommunication relay service
deleted text endnew text begin provision of TRSnew text end are either
reimbursable or directly payable from the fund after authorization by the commissioner
of commerce. The commissioner of commerce shall contract with deleted text beginthe message relay
service operator
deleted text endnew text begin one or more TRS providersnew text end to indemnify the deleted text beginlocal exchange carriers of
the relay
deleted text endnew text begin telecommunicationsnew text end service new text beginproviders new text endfor any fines imposed by the Federal
Communications Commission related to the failure of the relay service to comply with
federal service standards. Notwithstanding section 16A.41, the commissioner may
advance money to the deleted text begincontractor of the telecommunication relay servicedeleted text endnew text begin TRS providersnew text end if
the deleted text begincontractor establishesdeleted text end new text beginproviders establish new text endto the commissioner's satisfaction that the
advance payment is necessary for the deleted text beginoperationdeleted text endnew text begin provisionnew text end of the service. The advance
payment may be used only for working capital reserve for the operation of the service.
The advance payment must be offset or repaid by the end of the contract fiscal year
together with interest accrued from the date of payment.

Sec. 4.

Minnesota Statutes 2010, section 237.53, is amended to read:


237.53 deleted text beginCOMMUNICATIONdeleted text endnew text begin TELECOMMUNICATIONSnew text end DEVICE.

Subdivision 1.

Application.

A person applying for a deleted text begincommunicationdeleted text endnew text begin
telecommunications
new text end device under this section must apply to the program administrator on
a form prescribed by the Department of Human Services.

Subd. 2.

Eligibility.

To be eligible to obtain a deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end
device under this section, a person must deleted text beginbedeleted text end:

(1) new text beginbe new text endable to benefit from and use the equipment for its intended purpose;

(2) new text beginhave a new text endcommunication deleted text beginimpaireddeleted text endnew text begin disabilitynew text end;

(3) new text beginbe new text enda resident of the state;

(4) new text beginbe new text enda resident in a household that has a median income at or below the applicable
median household income in the state, except a deleted text begindeaf and blinddeleted text end personnew text begin who is deafblindnew text end
applying for a deleted text begintelebraille unitdeleted text endnew text begin Braille devicenew text end may reside in a household that has a median
income no more than 150 percent of the applicable median household income in the
state; and

(5) new text beginbe new text enda resident in a household that has deleted text begintelephonedeleted text endnew text begin telecommunicationsnew text end service
or that has made application for service and has been assigned a telephone number; or
a resident in a residential care facility, such as a nursing home or group home where
deleted text begin telephonedeleted text endnew text begin telecommunicationsnew text end service is not included as part of overall service provision.

Subd. 3.

Distribution.

The commissioner of human services shall purchase and
distribute a sufficient number of deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end devices so that each
eligible household receives deleted text beginandeleted text end appropriate deleted text begindevicedeleted text endnew text begin devices as determined under section
237.51, subdivision 5a
new text end. The commissioner of human services shall distribute the devices
to eligible households deleted text beginin each service areadeleted text end free of charge deleted text beginas determined under section
237.51, subdivision 5a
deleted text end.

Subd. 4.

Training; maintenance.

The commissioner of human services shall
maintain the deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end devices until the warranty period
expires, and provide training, without charge, to first-time users of the devices.

deleted text begin Subd. 5. deleted text end

deleted text begin Wiring installation. deleted text end

deleted text begin If a communication-impaired person is not served by
telephone service and is subject to economic hardship as determined by the Department
of Human Services, the telephone company providing local service shall at the direction
of the administrator of the program install necessary outside wiring without charge to
the household.
deleted text end

Subd. 6.

Ownership.

deleted text beginAll communicationdeleted text endnew text begin Telecommunicationsnew text end devices purchased
pursuant to subdivision 3 deleted text beginwill becomedeleted text endnew text begin arenew text end the property of the state of Minnesota.new text begin Policies
and procedures for the return of devices from individuals who withdraw from the program
or whose eligibility status changes shall be determined by the commissioner of human
services.
new text end

Subd. 7.

Standards.

The deleted text begincommunicationdeleted text endnew text begin telecommunicationsnew text end devices distributed
under this section must comply with the electronic industries deleted text beginassociationdeleted text endnew text begin alliancenew text end standards
and new text beginbe new text endapproved by the Federal Communications Commission. The commissioner of
human services must provide each eligible person a choice of several models of devices,
the retail value of which may not exceed $600 for a deleted text begincommunication device for the deafdeleted text endnew text begin
text telephone
new text end, and a retail value of $7,000 for a deleted text begintelebrailledeleted text endnew text begin Braillenew text end device, or an amount
authorized by the Department of Human Services for deleted text begina telephone device for the deaf with
auxiliary equipment
deleted text endnew text begin all other telecommunications devices and auxiliary equipment it
deems cost-effective and appropriate to distribute according to sections 237.51 to 237.56
new text end.

Sec. 5.

Minnesota Statutes 2010, section 237.54, is amended to read:


237.54 deleted text beginTELECOMMUNICATIONdeleted text endnew text begin TELECOMMUNICATIONSnew text end RELAY
deleted text begin SERVICEdeleted text endnew text begin SERVICES (TRS)new text end.

Subd. 2.

Operation.

(a) The commissioner of commerce shall contract with
deleted text begin adeleted text endnew text begin one or more new text end qualified deleted text beginvendordeleted text endnew text begin vendorsnew text end for the deleted text beginoperation and maintenance of the
telecommunication relay system
deleted text endnew text begin provision of Telecommunications Relay Services (TRS)new text end.

(b) The deleted text begintelecommunication relay service providerdeleted text endnew text begin TRS providersnew text end shall operate the
relay service within the state of Minnesota. The deleted text beginoperator of the systemdeleted text endnew text begin TRS providersnew text end
shall deleted text beginkeep all messages confidential, shall train personnel in the unique needs of
communication-impaired people, and shall inform communication-impaired persons
and the public of the availability and use of the system. Except in the case of a speech-
or mobility-impaired person, the operator shall not relay a message unless it originates
or terminates through a communication device for the deaf or a Brailling device for use
with a telephone
deleted text endnew text begin comply with all current and subsequent FCC regulations at Code of
Federal Regulations, title 47, sections 64.601 to 64.606, and shall inform persons who
have communication disabilities and the public of the availability and use of TRS
new text end.

Sec. 6.

Minnesota Statutes 2010, section 237.55, is amended to read:


237.55 ANNUAL REPORT ON deleted text beginCOMMUNICATIONdeleted text endnew text begin
TELECOMMUNICATIONS
new text end ACCESS.

The commissioner of commerce must prepare a report for presentation to thenew text begin Public
Utilities
new text end Commission by January 31 of each year. Each report must review the accessibility
of deleted text beginthe telephone system to communication-impaired persons, review the ability of
non-communication-impaired persons to communicate with communication-impaired
persons via the telephone system
deleted text endnew text begin telecommunications services to persons who have
communication disabilities
new text end, describe services provided, account for deleted text beginmoney received and
disbursed annually
deleted text endnew text begin annual revenues and expendituresnew text end for each aspect of the deleted text beginprogramdeleted text endnew text begin fundnew text end
to date, and include predictednew text begin programnew text end future operation.

Sec. 7.

Minnesota Statutes 2010, section 237.56, is amended to read:


237.56 ADEQUATE SERVICE ENFORCEMENT.

The services required to be provided under sections 237.50 to 237.55 may be
enforced under section 237.081 upon a complaint of at least two deleted text begincommunication-impaireddeleted text end
persons within the service area of any one deleted text begintelephone companydeleted text endnew text begin telecommunications
service provider
new text end, provided that if only one person within the service area of a company
is receiving service under sections 237.50 to 237.55, the deleted text begincommissiondeleted text endnew text begin Public Utilities
Commission
new text end may proceed upon a complaint from that person.

ARTICLE 11

COMPREHENSIVE ASSESSMENT AND CASE MANAGEMENT REFORM

Section 1.

Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 56,
is amended to read:


Subd. 56.

Medical service coordination.

(a) Medical assistance covers in-reach
community-based service coordination that is performed deleted text beginindeleted text endnew text begin throughnew text end a hospital emergency
department as an eligible procedure under a state healthcare program deleted text beginor private insurancedeleted text end
for a frequent user. A frequent user is defined as an individual who has frequented the
hospital emergency department for services three or more times in the previous four
consecutive months. In-reach community-based service coordination includes navigating
services to address a client's mental health, chemical health, social, economic, and housing
needs, or any other activity targeted at reducing the incidence of emergency room and
other nonmedically necessary health care utilization.

(b) Reimbursement must be made in 15-minute increments deleted text beginunder current Medicaid
mental health social work reimbursement methodology
deleted text end and allowed for up to 60 days
posthospital discharge based upon the specific identified emergency department visit or
inpatient admitting event. deleted text beginA frequent user who is participating in care coordination within
a health care home framework is ineligible for reimbursement under this subdivision.
deleted text endnew text begin
In-reach community-based service coordination shall seek to connect frequent users with
existing covered services available to them, including, but not limited to, targeted case
management, waiver case management, or care coordination in a health care home.
new text end
Eligible in-reach service coordinators must hold a minimum of a bachelor's degree in
social work, public health, corrections, or a related field. The commissioner shall submit
any necessary application for waivers to the Centers for Medicare and Medicaid Services
to implement this subdivision.

(c) For the purposes of this subdivision, "in-reach community-based service
coordination" means the practice of a community-based worker with training, knowledge,
skills, and ability to access a continuum of services, including housing, transportation,
chemical and mental health treatment, employment, and peer support services, by working
with an organization's staff to transition an individual back into the individual's living
environment. In-reach community-based service coordination includes working with the
individual during their discharge and for up to a defined amount of time in the individual's
living environment, reducing the individual's need for readmittance.

Sec. 2.

Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in
paragraphs (b) to (r) have the meanings given unless otherwise provided in text.

(b) "Activities of daily living" means grooming, dressing, bathing, transferring,
mobility, positioning, eating, and toileting.

(c) "Behavior," effective January 1, 2010, means a category to determine the home
care rating and is based on the criteria found in this section. "Level I behavior" means
physical aggression towards self, others, or destruction of property that requires the
immediate response of another person.

(d) "Complex health-related needs," effective January 1, 2010, means a category to
determine the home care rating and is based on the criteria found in this section.

(e) "Critical activities of daily living," effective January 1, 2010, means transferring,
mobility, eating, and toileting.

(f) "Dependency in activities of daily living" means a person requires assistance to
begin and complete one or more of the activities of daily living.

(g) "Extended personal care assistance service" means personal care assistance
services included in a service plan under one of the home and community-based services
waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49,
which exceed the amount, duration, and frequency of the state plan personal care
assistance services for participants who:

(1) need assistance provided periodically during a week, but less than daily will not
be able to remain in their homes without the assistance, and other replacement services
are more expensive or are not available when personal care assistance services are to be
terminated; or

(2) need additional personal care assistance services beyond the amount authorized
by the state plan personal care assistance assessment in order to ensure that their safety,
health, and welfare are provided for in their homes.

(h) "Health-related procedures and tasks" means procedures and tasks that can
be delegated or assigned by a licensed health care professional under state law to be
performed by a personal care assistant.

(i) "Instrumental activities of daily living" means activities to include meal planning
and preparation; basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the personal care assistance
services; communication by telephone and other media; and traveling, including to
medical appointments and to participate in the community.

(j) "Managing employee" has the same definition as Code of Federal Regulations,
title 42, section 455.

(k) "Qualified professional" means a professional providing supervision of personal
care assistance services and staff as defined in section 256B.0625, subdivision 19c.

(l) "Personal care assistance provider agency" means a medical assistance enrolled
provider that provides or assists with providing personal care assistance services and
includes a personal care assistance provider organization, personal care assistance choice
agency, class A licensed nursing agency, and Medicare-certified home health agency.

(m) "Personal care assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.

(n) "Personal care assistance care plan" means a written description of personal
care assistance services developed by the personal care assistance provider according
to the service plan.

(o) "Responsible party" means an individual who is capable of providing the support
necessary to assist the recipient to live in the community.

(p) "Self-administered medication" means medication taken orally, by injectionnew text begin,
nebulizer,
new text end or insertion, or applied topically without the need for assistance.

(q) "Service plan" means a written summary of the assessment and description of the
services needed by the recipient.

(r) "Wages and benefits" means wages and salaries, the employer's share of FICA
taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation,
mileage reimbursement, health and dental insurance, life insurance, disability insurance,
long-term care insurance, uniform allowance, and contributions to employee retirement
accounts.

Sec. 3.

Minnesota Statutes 2010, section 256B.0659, subdivision 2, is amended to read:


Subd. 2.

Personal care assistance services; covered services.

(a) The personal
care assistance services eligible for payment include services and supports furnished
to an individual, as needed, to assist in:

(1) activities of daily living;

(2) health-related procedures and tasks;

(3) observation and redirection of behaviors; and

(4) instrumental activities of daily living.

(b) Activities of daily living include the following covered services:

(1) dressing, including assistance with choosing, application, and changing of
clothing and application of special appliances, wraps, or clothing;

(2) grooming, including assistance with basic hair care, oral care, shaving, applying
cosmetics and deodorant, and care of eyeglasses and hearing aids. Nail care is included,
except for recipients who are diabetic or have poor circulation;

(3) bathing, including assistance with basic personal hygiene and skin care;

(4) eating, including assistance with hand washing and application of orthotics
required for eating, transfers, and feeding;

(5) transfers, including assistance with transferring the recipient from one seating or
reclining area to another;

(6) mobility, including assistance with ambulation, including use of a wheelchair.
Mobility does not include providing transportation for a recipient;

(7) positioning, including assistance with positioning or turning a recipient for
necessary care and comfort; and

(8) toileting, including assistance with helping recipient with bowel or bladder
elimination and care including transfers, mobility, positioning, feminine hygiene, use of
toileting equipment or supplies, cleansing the perineal area, inspection of the skin, and
adjusting clothing.

(c) Health-related procedures and tasks include the following covered services:

(1) range of motion and passive exercise to maintain a recipient's strength and
muscle functioning;

(2) assistance with self-administered medication as defined by this section, including
reminders to take medication, bringing medication to the recipient, and assistance with
opening medication under the direction of the recipient or responsible partynew text begin, including
medications given through a nebulizer
new text end;

(3) interventions for seizure disorders, including monitoring and observation; and

(4) other activities considered within the scope of the personal care service and
meeting the definition of health-related procedures and tasks under this section.

(d) A personal care assistant may provide health-related procedures and tasks
associated with the complex health-related needs of a recipient if the procedures and
tasks meet the definition of health-related procedures and tasks under this section and the
personal care assistant is trained by a qualified professional and demonstrates competency
to safely complete the procedures and tasks. Delegation of health-related procedures and
tasks and all training must be documented in the personal care assistance care plan and the
recipient's and personal care assistant's files.new text begin A personal care assistant must not determine
the medication dose or time for medication.
new text end

(e) Effective January 1, 2010, for a personal care assistant to provide the
health-related procedures and tasks of tracheostomy suctioning and services to recipients
on ventilator support there must be:

(1) delegation and training by a registered nurse, certified or licensed respiratory
therapist, or a physician;

(2) utilization of clean rather than sterile procedure;

(3) specialized training about the health-related procedures and tasks and equipment,
including ventilator operation and maintenance;

(4) individualized training regarding the needs of the recipient; and

(5) supervision by a qualified professional who is a registered nurse.

(f) Effective January 1, 2010, a personal care assistant may observe and redirect the
recipient for episodes where there is a need for redirection due to behaviors. Training of
the personal care assistant must occur based on the needs of the recipient, the personal
care assistance care plan, and any other support services provided.

(g) Instrumental activities of daily living under subdivision 1, paragraph (i).

Sec. 4.

Minnesota Statutes 2010, section 256B.0659, subdivision 3a, is amended to
read:


Subd. 3a.

Assessment; defined.

new text begin(a) new text end"Assessment" means a review and evaluation
of a recipient's need for deleted text beginhomedeleted text endnew text begin personalnew text end care new text beginassistance new text endservices conducted in person.
Assessments for personal care assistance services shall be conducted by the county public
health nurse or a certified public health nurse under contract with the countynew text begin except when a
long-term care consultation assessment is being conducted for the purposes of determining
a person's eligibility for home and community-based waiver services including personal
care assistance services according to section 256B.0911
new text end. An in-person assessment
must include: documentation of health status, determination of need, evaluation of
service effectiveness, identification of appropriate services, service plan development
or modification, coordination of services, referrals and follow-up to appropriate payers
and community resources, completion of required reports, recommendation of service
authorization, and consumer education. Once the need for personal care assistance
services is determined under this section deleted text beginor sections 256B.0651, 256B.0653, 256B.0654,
and 256B.0656
deleted text end, the county public health nurse or certified public health nurse under
contract with the county is responsible for communicating this recommendation to the
commissioner and the recipient. An in-person assessment must occur at least annually or
when there is a significant change in the recipient's condition or when there is a change
in the need for personal care assistance services. A service update may substitute for
the annual face-to-face assessment when there is not a significant change in recipient
condition or a change in the need for personal care assistance service. A service update
may be completed by telephone, used when there is no need for an increase in personal
care assistance services, and used for two consecutive assessments if followed by a
face-to-face assessment. A service update must be completed on a form approved by the
commissioner. A service update or review for temporary increase includes a review of
initial baseline data, evaluation of service effectiveness, redetermination of service need,
modification of service plan and appropriate referrals, update of initial forms, obtaining
service authorization, and on going consumer education. Assessments new text beginor reassessments
new text endmust be completed on forms provided by the commissioner within 30 days of a request for
home care services by a recipient or responsible party deleted text beginor personal care provider agencydeleted text end.

new text begin (b) This subdivision expires when notification is given by the commissioner as
described in section 256B.0911, subdivision 3a.
new text end

Sec. 5.

Minnesota Statutes 2010, section 256B.0659, subdivision 4, is amended to read:


Subd. 4.

Assessment for personal care assistance services; limitations.

(a) An
assessment as defined in subdivision 3a must be completed for personal care assistance
services.

(b) The following limitations apply to the assessment:

(1) a person must be assessed as dependent in an activity of daily living based on the
person's daily need or need on the days during the week the activity is completed for:

(i) cuing and constant supervision to complete the task; or

(ii) hands-on assistance to complete the task; and

(2) a child may not be found to be dependent in an activity of daily living if because
of the child's age an adult would either perform the activity for the child or assist the child
with the activity. Assistance needed is the assistance appropriate for a typical child of
the same age.

(c) Assessment for complex health-related needs must meet the criteria in this
paragraph. deleted text beginDuring the assessment process,deleted text end A recipient qualifies as having complex
health-related needs if the recipient has one or more of the interventions that are ordered
by a physician, specified in a personal care assistance care plannew text begin or community support
plan developed under section 256B.0911
new text end, and found in the following:

(1) tube feedings requiring:

(i) a gastrojejunostomy tube; or

(ii) continuous tube feeding lasting longer than 12 hours per day;

(2) wounds described as:

(i) stage III or stage IV;

(ii) multiple wounds;

(iii) requiring sterile or clean dressing changes or a wound vac; or

(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require
specialized care;

(3) parenteral therapy described as:

(i) IV therapy more than two times per week lasting longer than four hours for
each treatment; or

(ii) total parenteral nutrition (TPN) daily;

(4) respiratory interventionsnew text begin,new text end including:

(i) oxygen required more than eight hours per day;

(ii) respiratory vest more than one time per day;

(iii) bronchial drainage treatments more than two times per day;

(iv) sterile or clean suctioning more than six times per day;

(v) dependence on another to apply respiratory ventilation augmentation devices
such as BiPAP and CPAP; and

(vi) ventilator dependence under section 256B.0652;

(5) insertion and maintenance of catheternew text begin,new text end including:

(i) sterile catheter changes more than one time per month;

(ii) clean new text beginintermittent catheterization, and including new text endself-catheterization more than
six times per day; or

(iii) bladder irrigations;

(6) bowel program more than two times per week requiring more than 30 minutes to
perform each time;

(7) neurological interventionnew text begin,new text end including:

(i) seizures more than two times per week and requiring significant physical
assistance to maintain safety; or

(ii) swallowing disorders diagnosed by a physician and requiring specialized
assistance from another on a daily basis; and

(8) other congenital or acquired diseases creating a need for significantly increased
direct hands-on assistance and interventions in six to eight activities of daily living.

(d) An assessment of behaviors must meet the criteria in this paragraph. A recipient
qualifies as having a need for assistance due to behaviors if the recipient's behavior requires
assistance at least four times per week and shows one or more of the following behaviors:

(1) physical aggression towards self or others, or destruction of property that requires
the immediate response of another person;

(2) increased vulnerability due to cognitive deficits or socially inappropriate
behavior; or

(3) new text beginincreased need for assistance for recipients who are new text endverbally aggressive deleted text beginanddeleted text endnew text begin or
new text end resistive to carenew text begin so that the time needed to perform activities of daily living is increasednew text end.

Sec. 6.

Minnesota Statutes 2010, section 256B.0911, subdivision 1, is amended to read:


Subdivision 1.

Purpose and goal.

(a) The purpose of long-term care consultation
services is to assist persons with long-term or chronic care needs in making deleted text beginlong-termdeleted text end care
decisions and selectingnew text begin support and servicenew text end options that meet their needs and reflect their
preferences. The availability of, and access to, information and other types of assistance,
including assessment and support planning, is also intended to prevent or delay deleted text begincertified
nursing facility
deleted text endnew text begin institutionalnew text end placements and to providenew text begin access tonew text end transition assistance
after admission. Further, the goal of these services is to contain costs associated with
unnecessary deleted text begincertified nursing facilitydeleted text endnew text begin institutionalnew text end admissions. Long-term consultation
services must be available to any person regardless of public program eligibility. The
commissioner of human services shall seek to maximize use of available federal and state
funds and establish the broadest program possible within the funding available.

(b) These services must be coordinated with long-term care options counseling
provided under section 256.975, subdivision 7, and section 256.01, subdivision 24deleted text begin, for
telephone assistance and follow up and to offer a variety of cost-effective alternatives
to persons with disabilities and elderly persons
deleted text end. The deleted text begincounty or tribaldeleted text endnew text begin leadnew text end agency deleted text beginor
managed care plan
deleted text end providing long-term care consultation services shall encourage the use
of volunteers from families, religious organizations, social clubs, and similar civic and
service organizations to provide community-based services.

Sec. 7.

Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 1a,
is amended to read:


Subd. 1a.

Definitions.

For purposes of this section, the following definitions apply:

(a) new text beginUntil additional requirements apply under paragraph (b), new text end"long-term care
consultation services" means:

(1) new text beginintake for and access to new text endassistance in identifying services needed to maintain an
individual in the most inclusive environment;

(2) providing recommendations deleted text beginondeleted text endnew text begin for and referrals tonew text end cost-effective community
services that are available to the individual;

(3) development of an individual's person-centered community support plan;

(4) providing information regarding eligibility for Minnesota health care programs;

(5) face-to-face long-term care consultation assessments, which may be completed
in a hospital, nursing facility, intermediate care facility for persons with developmental
disabilities (ICF/DDs), regional treatment centers, or the person's current or planned
residence;

(6) federally mandated new text beginpreadmission new text endscreening deleted text beginto determine the need for an
institutional level of care under subdivision 4a
deleted text endnew text begin activities described under subdivisions
4a and 4b
new text end;

(7) determination of home and community-based waiver new text beginand other new text endservice eligibility
new text begin as required under sections 256B.0913, 256B.0915, and 256B.49, new text endincluding level of
care determination for individuals who need an institutional level of care as determined
under section 256B.0911, subdivision 4a, paragraph (d), deleted text beginor 256B.092, service eligibility
including state plan home care services identified in sections 256B.0625, subdivisions 6,
7, and 19, paragraphs (a) and (c), and 256B.0657,
deleted text end based on assessment and new text begincommunity
new text endsupport plan development deleted text beginwithdeleted text endnew text begin,new text end appropriate referralsnew text begin to obtain necessary diagnostic
information
new text end, new text beginand new text endincluding deleted text beginthe optiondeleted text endnew text begin an eligibility determinationnew text end for consumer-directed
community supports;

(8) providing recommendations for deleted text beginnursing facilitydeleted text end new text begininstitutional new text endplacement when
there are no cost-effective community services available; deleted text beginand
deleted text end

(9) new text beginproviding access to new text endassistance to transition people back to community settings
after deleted text beginfacilitydeleted text end new text begininstitutional new text endadmissiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) providing information about competitive employment, with or without supports,
for school-age youth and working-age adults and referrals to the Disability Linkage
Line and Disability Benefits 101 to ensure that an informed choice about competitive
employment can be made. For the purposes of this subdivision, "competitive employment"
means work in the competitive labor market that is performed on a full-time or part-time
basis in an integrated setting, and for which an individual is compensated at or above the
minimum wage, but not less than the customary wage and level of benefits paid by the
employer for the same or similar work performed by individuals without disabilities.
new text end

new text begin (b) Upon statewide implementation of lead agency requirements in subdivisions 2b,
2c, and 3a, "long-term care consultation services" also means:
new text end

new text begin (1) service eligibility determination for state plan home care services identified in:
new text end

new text begin (i) section 256B.0625, subdivisions 7, 19a, and 19c;
new text end

new text begin (ii) section 256B.0657; or
new text end

new text begin (iii) consumer support grants under section 256.476;
new text end

new text begin (2) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024,
determination of eligibility for case management services available under sections
256B.0621, subdivision 2, paragraph (4), and 256B.0924 and Minnesota Rules, part
9525.0016;
new text end

new text begin (3) determination of institutional level of care, home and community-based service
waiver, and other service eligibility as required under section 256B.092, determination
of eligibility for family support grants under section 252.32, semi-independent living
services under section 252.275, and day training and habilitation services under section
256B.092; and
new text end

new text begin (4) obtaining necessary diagnostic information to determine eligibility under clauses
(2) and (3).
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end "Long-term care options counseling" means the services provided by the
linkage lines as mandated by sections 256.01 and 256.975, subdivision 7, and also
includes telephone assistance and follow up once a long-term care consultation assessment
has been completed.

deleted text begin (c)deleted text endnew text begin (d)new text end "Minnesota health care programs" means the medical assistance program
under chapter 256B and the alternative care program under section 256B.0913.

deleted text begin (d)deleted text endnew text begin (e)new text end "Lead agencies" means counties new text beginadministering new text endor deleted text begina collaboration of counties,deleted text end
tribesdeleted text begin,deleted text end and health plans deleted text beginadministeringdeleted text endnew text begin under contract with the commissioner to administernew text end
long-term care consultation assessment and support planning services.

Sec. 8.

Minnesota Statutes 2010, section 256B.0911, subdivision 2b, is amended to
read:


Subd. 2b.

Certified assessors.

(a) deleted text beginBeginning January 1, 2011,deleted text end Each lead agency
shall use certified assessors who have completed training and the certification processes
determined by the commissioner in subdivision 2c. Certified assessors shall demonstrate
best practices in assessment and support planning including person-centered planning
principals and have a common set of skills that must ensure consistency and equitable
access to services statewide. deleted text beginAssessors must be part of a multidisciplinary team of
professionals that includes public health nurses, social workers, and other professionals
as defined in paragraph (b). For persons with complex health care needs, a public health
nurse or registered nurse from a multidisciplinary team must be consulted.
deleted text end A lead agency
may choose, according to departmental policies, to contract with a qualified, certified
assessor to conduct assessments and reassessments on behalf of the lead agency.

(b) Certified assessors are persons with a minimum of a bachelor's degree in social
work, nursing with a public health nursing certificate, or other closely related field with at
least one year of home and community-based experiencenew text begin,new text end or a deleted text begintwo-yeardeleted text end registered deleted text beginnursing
degree
deleted text end new text beginnurse without public health certification new text endwith at least deleted text beginthreedeleted text endnew text begin twonew text end years of home and
community-based experience that deleted text beginhavedeleted text endnew text begin hasnew text end received training and certification specific to
assessment and consultation for long-term care services in the state.

Sec. 9.

Minnesota Statutes 2010, section 256B.0911, subdivision 2c, is amended to
read:


Subd. 2c.

Assessor training and certification.

The commissioner shall develop
new text begin and implementnew text end a curriculum and an assessor certification process deleted text beginto begin no later than
January 1, 2010
deleted text end. All existing lead agency staff designated to provide the services defined
in subdivision 1a must be certified deleted text beginby December 30, 2010.deleted text endnew text begin within timelines specified by
the commissioner, but no sooner than six months after statewide availability of the training
and certification process. The commissioner must establish the timelines for training and
certification in a manner that allows lead agencies to most efficiently adopt the automated
process established in subdivision 5.
new text end Each lead agency is required to ensure that they have
sufficient numbers of certified assessors to provide long-term consultation assessment and
support planning within the timelines and parameters of the service deleted text beginby January 1, 2011deleted text end.
Certified assessors are required to be recertified every three years.

Sec. 10.

Minnesota Statutes 2010, section 256B.0911, subdivision 3, is amended to
read:


Subd. 3.

Long-term care consultation team.

(a) deleted text beginUntil January 1, 2011,deleted text end A long-term
care consultation team shall be established by the county board of commissioners. deleted text beginEach
local consultation team shall consist of at least one social worker and at least one public
health nurse from their respective county agencies. The board may designate public
health or social services as the lead agency for long-term care consultation services. If a
county does not have a public health nurse available, it may request approval from the
commissioner to assign a county registered nurse with at least one year experience in
home care to participate on the team.
deleted text end Two or more counties may collaborate to establish
a joint local consultation team or teams.

(b) new text beginCertified assessors must be part of a multidisciplinary long-term care consultation
team of professionals that includes public health nurses, social workers, and other
professionals as defined in subdivision 2b, paragraph (b).
new text endThe team is responsible for
providing long-term care consultation services to all persons located in the county who
request the services, regardless of eligibility for Minnesota health care programs.

(c) The commissioner shall allow arrangements and make recommendations that
encourage counties new text beginand tribes new text endto collaborate to establish joint local long-term care
consultation teams to ensure that long-term care consultations are done within the
timelines and parameters of the service. This includes integrated service models as
required in subdivision 1, paragraph (b).

new text begin (d) Tribes and health plans under contract with the commissioner must provide
long-term care consultation services as specified in the contract.
new text end

new text begin (e) The lead agency must provide the commissioner with an administrative contact
for communication purposes.
new text end

Sec. 11.

Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3a,
is amended to read:


Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment,
services planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine waiver or alternative care
program eligibility, must be visited by a long-term care consultation team within deleted text begin15deleted text endnew text begin 20new text end
calendar days after the date on which an assessment was requested or recommended.
deleted text begin After January 1, 2011, these requirements also apply todeleted text end new text beginUpon statewide implementation
of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting
new text endpersonal care assistance servicesdeleted text begin,deleted text end new text beginand new text endprivate duty nursingdeleted text begin, and home health
agency services, on timelines established in subdivision 5
deleted text end. new text beginThe commissioner shall provide
at least a 90-day notice to lead agencies prior to the effective date of this requirement.
new text endFace-to-face assessments must be conducted according to paragraphs (b) to (i).

(b) The deleted text begincountydeleted text endnew text begin lead agencynew text end may utilize a team of either the social worker or public
health nurse, or both. deleted text beginAfter January 1, 2011deleted text endnew text begin Upon implementation of subdivisions 2b, 2c,
and 5
new text end, lead agencies shall use certified assessors to conduct the deleted text beginassessment in a face-to-face
interview
deleted text endnew text begin assessmentnew text end. The consultation team members must confer regarding the most
appropriate care for each individual screened or assessed.new text begin For a person with complex
health care needs, a public health or registered nurse from the team must be consulted.
new text end

(c) The assessment must be comprehensive and include a person-centered assessment
of the health, psychological, functional, environmental, and social needs of referred
individuals and provide information necessary to develop a new text begincommunity new text endsupport plan that
meets the consumers needs, using an assessment form provided by the commissioner.

(d) The assessment must be conducted in a face-to-face interview with the person
being assessed and the person's legal representativedeleted text begin, as required by legally executed
documents
deleted text end, and other individuals as requested by the person, who can provide information
on the needs, strengths, and preferences of the person necessary to develop a new text begincommunity
new text endsupport plan that ensures the person's health and safety, but who is not a provider of
service or has any financial interest in the provision of services.

deleted text begin (e) The person, or the person's legal representative, must be provided with written
recommendations for community-based services, including consumer-directed options,
or institutional care that include documentation that the most cost-effective alternatives
available were offered to the individual, and alternatives to residential settings, including,
but not limited to, foster care settings that are not the primary residence of the license
holder. For purposes of this requirement, "cost-effective alternatives" means community
services and living arrangements that cost the same as or less than institutional care.
deleted text end

deleted text begin (f)deleted text endnew text begin (e)new text end If the person chooses to use community-based services, the person or the
person's legal representative must be provided with a written community support plannew text begin
within 40 calendar days of the assessment visit
new text end, regardless of whether the individual
is eligible for Minnesota health care programs. new text beginThe written community support plan
must include:
new text end

new text begin (1) a summary of assessed needs as defined in paragraphs (c) and (d);
new text end

new text begin (2) the individual's options and choices to meet identified needs, including all
available options for case management services and providers;
new text end

new text begin (3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;
new text end

new text begin (4) referral information; and
new text end

new text begin (5) informal caregiver supports, if applicable.
new text end

new text begin For a person determined eligible for state plan home care under subdivision 1a,
paragraph (b), clause (1), the person or person's representative must also receive a copy of
the home care service plan developed by the certified assessor.
new text end

new text begin (f) new text endA person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying
community support, the person must be transferred or referred to deleted text beginthedeleted text endnew text begin long-term care
options counseling
new text end services available under sections 256.975, subdivision 7, and 256.01,
subdivision 24, for telephone assistance and follow up.

(g) The person has the right to make the final decision between institutional
placement and community placement after the recommendations have been provided,
except as provided in subdivision 4a, paragraph (c).

(h) The deleted text beginteamdeleted text endnew text begin lead agencynew text end must give the person receiving assessment or support
planning, or the person's legal representative, materials, and forms supplied by the
commissioner containing the following information:

(1) new text beginwritten recommendations for community-based services and consumer-directed
options;
new text end

new text begin (2) documentation that the most cost-effective alternatives available were offered to
the individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
section 256B.0915 or 256B.49, "cost effectiveness" has the meaning found in the federally
approved waiver plan for each program;
new text end

new text begin (3) new text endthe need for and purpose of preadmission screening if the person selects nursing
facility placement;

deleted text begin (2)deleted text endnew text begin (4)new text end the role of deleted text beginthedeleted text end long-term care consultation assessment and support planning
in deleted text beginwaiver and alternative care programdeleted text end eligibility determinationnew text begin for waiver and alternative
care programs, and state plan home care, case management, and other services as defined
in subdivision 1a, paragraphs (a), clause (7), and (b)
new text end;

deleted text begin (3)deleted text end new text begin(5) new text endinformation about Minnesota health care programs;

deleted text begin (4)deleted text end new text begin(6) new text endthe person's freedom to accept or reject the recommendations of the team;

deleted text begin (5)deleted text end new text begin(7) new text endthe person's right to confidentiality under the Minnesota Government Data
Practices Act, chapter 13;

deleted text begin (6)deleted text end new text begin(8) new text endthe deleted text beginlong-term care consultant'sdeleted text endnew text begin certified assessor'snew text end decision regarding the
person's need for institutional level of care as determined under criteria established in
section deleted text begin144.0724, subdivision 11, or 256B.092deleted text endnew text begin 256B.0911, subdivision 4a, paragraph (d),
and the certified assessor's decision regarding eligibility for all services and programs as
defined in subdivision 1a, paragraphs (a), clause (7), and (b)
new text end; and

deleted text begin (7)deleted text end new text begin(9) new text endthe person's right to appeal new text beginthe certified assessor's decision regarding
eligibility for all services and programs as defined in subdivision 1a, paragraphs (a),
clause (7), and (b), and incorporating
new text endthe decision regarding the need for deleted text beginnursing facilitydeleted text endnew text begin
institutional
new text end level of care or the deleted text begincounty'sdeleted text endnew text begin lead agency'snew text end final decisions regarding public
programs eligibility according to section 256.045, subdivision 3.

(i) Face-to-face assessment completed as part of eligibility determination for
the alternative care, elderly waiver, community alternatives for disabled individuals,
community alternative care, and deleted text begintraumaticdeleted text end brain injury waiver programs under sections
new text begin 256B.0913, new text end256B.0915, deleted text begin256B.0917,deleted text end and 256B.49 is valid to establish service eligibility
for no more than 60 calendar days after the date of assessment.

new text begin (j) new text endThe effective eligibility start date for deleted text beginthesedeleted text end programsnew text begin in paragraph (i)new text end can never
be prior to the date of assessment. If an assessment was completed more than 60 days
before the effective waiver or alternative care program eligibility start date, assessment
and support plan information must be updated in a face-to-face visit and documented in
the department's Medicaid Management Information System (MMIS). new text beginNotwithstanding
retroactive medical assistance coverage of state plan services,
new text endthe effective date of
deleted text begin programdeleted text end eligibility deleted text beginin this casedeleted text endnew text begin for programs included in paragraph (i)new text end cannot be prior to
the date the new text beginmost recent new text endupdated assessment is completed.

Sec. 12.

Minnesota Statutes 2010, section 256B.0911, subdivision 3b, is amended to
read:


Subd. 3b.

Transition assistance.

(a) deleted text beginA long-term care consultation teamdeleted text endnew text begin Lead
agency certified assessors
new text end shall provide assistance to persons residing in a nursing
facility, hospital, regional treatment center, or intermediate care facility for persons with
developmental disabilities who request or are referred for assistance. Transition assistance
must include assessment, community support plan development, referrals to long-term
care options counseling under section deleted text begin256B.975deleted text endnew text begin 256.975new text end, subdivision deleted text begin10deleted text endnew text begin 7new text end, for community
support plan implementation and to Minnesota health care programs, including home and
community-based waiver services and consumer-directed options through the waivers,
and referrals to programs that provide assistance with housing. Transition assistance
must also include information about the Centers for Independent Living deleted text beginand the Senior
LinkAge Line
deleted text endnew text begin, Disability Linkage Linenew text end, and about other organizations that can provide
assistance with relocation efforts, and information about contacting these organizations to
obtain their assistance and support.

(b) The deleted text begincountydeleted text endnew text begin lead agencynew text end shall deleted text begindevelop transition processes with institutional
social workers and discharge planners to
deleted text end ensure that:

(1)new text begin referrals for in-person assessments are taken from long-term care options
counselors as provided for in section 256.975, subdivision 7, paragraph (b), clause (11);
new text end

new text begin (2)new text end persons deleted text beginadmitted to facilitiesdeleted text end new text beginassessed in institutions new text endreceive information about
transition assistance that is available;

deleted text begin (2)deleted text endnew text begin (3)new text end the assessment is completed for persons within deleted text beginten workingdeleted text endnew text begin 20 calendarnew text end days
of the date of request or recommendation for assessment; deleted text beginand
deleted text end

deleted text begin (3)deleted text endnew text begin (4)new text end there is a plan for transition and follow-up for the individual's return to the
communitydeleted text begin. The plan must requiredeleted text endnew text begin, includingnew text end notification of other local agencies when a
person deleted text beginwhodeleted text end may require assistance deleted text beginis screened by one county for admission to a facilitydeleted text endnew text begin
from agencies
new text end located in another countydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) relocation targeted case management as defined in section 256B.0621,
subdivision 2, clause (4), is authorized for an eligible medical assistance recipient.
new text end

deleted text begin (c) If a person who is eligible for a Minnesota health care program is admitted to a
nursing facility, the nursing facility must include a consultation team member or the case
manager in the discharge planning process.
deleted text end

Sec. 13.

Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 4a,
is amended to read:


Subd. 4a.

Preadmission screening activities related to nursing facility
admissions.

(a) All applicants to Medicaid certified nursing facilities, including certified
boarding care facilities, must be screened prior to admission regardless of income, assets,
or funding sources for nursing facility care, except as described in subdivision 4b. The
purpose of the screening is to determine the need for nursing facility level of care as
described in paragraph (d) and to complete activities required under federal law related to
mental illness and developmental disability as outlined in paragraph (b).

(b) A person who has a diagnosis or possible diagnosis of mental illness or
developmental disability must receive a preadmission screening before admission
regardless of the exemptions outlined in subdivision 4b, paragraph (b), to identify the need
for further evaluation and specialized services, unless the admission prior to screening is
authorized by the local mental health authority or the local developmental disabilities case
manager, or unless authorized by the county agency according to Public Law 101-508.

The following criteria apply to the preadmission screening:

(1) the deleted text begincountydeleted text endnew text begin lead agencynew text end must use forms and criteria developed by the
commissioner to identify persons who require referral for further evaluation and
determination of the need for specialized services; and

(2) the evaluation and determination of the need for specialized services must be
done by:

(i) a qualified independent mental health professional, for persons with a primary or
secondary diagnosis of a serious mental illness; or

(ii) a qualified developmental disability professional, for persons with a primary or
secondary diagnosis of developmental disability. For purposes of this requirement, a
qualified developmental disability professional must meet the standards for a qualified
developmental disability professional under Code of Federal Regulations, title 42, section
483.430.

(c) The local county mental health authority or the state developmental disability
authority under Public Law Numbers 100-203 and 101-508 may prohibit admission to a
nursing facility if the individual does not meet the nursing facility level of care criteria or
needs specialized services as defined in Public Law Numbers 100-203 and 101-508. For
purposes of this section, "specialized services" for a person with developmental disability
means active treatment as that term is defined under Code of Federal Regulations, title
42, section 483.440 (a)(1).

(d) The determination of the need for nursing facility level of care must be made
according to criteria developed by the commissioner, and in section 256B.092, using
forms developed by the commissioner. Effective no sooner than on or after July 1, 2012,
for individuals age 21 and older, and on or after October 1, 2019, for individuals under
age 21, the determination of need for nursing facility level of care shall be based on
criteria in section 144.0724, subdivision 11. In assessing a person's needs, consultation
team members shall have a physician available for consultation and shall consider the
assessment of the individual's attending physician, if any. The individual's physician must
be included if the physician chooses to participate. Other personnel may be included on
the team as deemed appropriate by the deleted text begincountydeleted text endnew text begin lead agencynew text end.

Sec. 14.

Minnesota Statutes 2010, section 256B.0911, subdivision 4c, is amended to
read:


Subd. 4c.

Screening requirements.

(a) A person may be screened for nursing
facility admission by telephone or in a face-to-face screening interview. deleted text beginConsultation team
members
deleted text endnew text begin Certified assessorsnew text end shall identify each individual's needs using the following
categories:

(1) the person needs no face-to-face screening interview to determine the need
for nursing facility level of care based on information obtained from other health care
professionals;

(2) the person needs an immediate face-to-face screening interview to determine the
need for nursing facility level of care and complete activities required under subdivision
4a; or

(3) the person may be exempt from screening requirements as outlined in subdivision
4b, but will need transitional assistance after admission or in-person follow-along after
a return home.

(b) Persons admitted on a nonemergency basis to a Medicaid-certified nursing
facility must be screened prior to admission.

(c) The deleted text begincountydeleted text endnew text begin lead agencynew text end screening or intake activity must include processes to
identify persons who may require transition assistance as described in subdivision 3b.

Sec. 15.

Minnesota Statutes 2010, section 256B.0911, subdivision 6, is amended to
read:


Subd. 6.

Payment for long-term care consultation services.

(a) The total payment
for each county must be paid monthly by certified nursing facilities in the county. The
monthly amount to be paid by each nursing facility for each fiscal year must be determined
by dividing the county's annual allocation for long-term care consultation services by 12
to determine the monthly payment and allocating the monthly payment to each nursing
facility based on the number of licensed beds in the nursing facility. Payments to counties
in which there is no certified nursing facility must be made by increasing the payment
rate of the two facilities located nearest to the county seat.

(b) The commissioner shall include the total annual payment determined under
paragraph (a) for each nursing facility reimbursed under section 256B.431 deleted text beginordeleted text endnew text begin,new text end 256B.434
deleted text begin according to section deleted text begin256B.431, subdivision 2bdeleted text end, paragraph (g)deleted text endnew text begin, or 256B.441new text end.

(c) In the event of the layaway, delicensure and decertification, or removal from
layaway of 25 percent or more of the beds in a facility, the commissioner may adjust
the per diem payment amount in paragraph (b) and may adjust the monthly payment
amount in paragraph (a). The effective date of an adjustment made under this paragraph
shall be on or after the first day of the month following the effective date of the layaway,
delicensure and decertification, or removal from layaway.

(d) Payments for long-term care consultation services are available to the county
or counties to cover staff salaries and expenses to provide the services described in
subdivision 1a. The county shall employ, or contract with other agencies to employ, within
the limits of available funding, sufficient personnel to provide long-term care consultation
services while meeting the state's long-term care outcomes and objectives as defined in
deleted text begin section 256B.0917,deleted text end subdivision 1. The county shall be accountable for meeting local
objectives as approved by the commissioner in the biennial home and community-based
services quality assurance plan on a form provided by the commissioner.

(e) Notwithstanding section 256B.0641, overpayments attributable to payment of the
screening costs under the medical assistance program may not be recovered from a facility.

(f) The commissioner of human services shall amend the Minnesota medical
assistance plan to include reimbursement for the local consultation teams.

(g) new text beginUntil the alternative payment methodology in paragraph (h) is implemented,
new text endthe county may bill, as case management services, assessments, support planning, and
follow-along provided to persons determined to be eligible for case management under
Minnesota health care programs. No individual or family member shall be charged for an
initial assessment or initial support plan development provided under subdivision 3a or 3b.

(h) The commissioner shall develop an alternative payment methodology for
long-term care consultation services that includes the funding available under this
subdivision, and sections 256B.092 and 256B.0659. In developing the new payment
methodology, the commissioner shall consider the maximization ofnew text begin other funding sources,
including
new text end federal fundingnew text begin,new text end for deleted text beginthisdeleted text endnew text begin all long-term care consultation and preadmission
screening
new text end activity.

Sec. 16.

Minnesota Statutes 2010, section 256B.0913, subdivision 7, is amended to
read:


Subd. 7.

Case management.

new text begin (a) The provision of case management under the
alternative care program is governed by requirements in section 256B.0915, subdivisions
1a and 1b.
new text end

new text begin (b) new text endThe case manager must not approve alternative care funding for a client in any
setting in which the case manager cannot reasonably ensure the client's health and safety.

new text begin (c) new text endThe case manager is responsible for the cost-effectiveness of the alternative care
individual deleted text begincaredeleted text endnew text begin coordinated service and supportnew text end plan and must not approve any deleted text begincaredeleted text end plan
in which the cost of services funded by alternative care and client contributions exceeds
the limit specified in section 256B.0915, subdivision deleted text begin3deleted text end new text begin3anew text end, deleted text beginparagraph (b)deleted text endnew text begin paragraphs
(a) and (c)
new text end.

new text begin (d) Case manager responsibilities include those in section 256B.0915, subdivision
1a, paragraph (g).
new text end

Sec. 17.

Minnesota Statutes 2010, section 256B.0913, subdivision 8, is amended to
read:


Subd. 8.

Requirements for individual deleted text begincaredeleted text endnew text begin coordinated service and supportnew text end
plan.

(a) The case manager shall implement thenew text begin coordinated service and supportnew text end plan deleted text beginof
care
deleted text end for each alternative care client and ensure that a client's service needs and eligibility
are reassessed at least every 12 months. new text beginThe coordinated service and support plan must
meet the requirements in section 256B.0915, subdivision 6.
new text endThe plan shall include any
services prescribed by the individual's attending physician as necessary to allow the
individual to remain in a community setting. In developing the individual's care plan, the
case manager should include the use of volunteers from families and neighbors, religious
organizations, social clubs, and civic and service organizations to support the formal home
care services. The lead agency shall be held harmless for damages or injuries sustained
through the use of volunteers under this subdivision including workers' compensation
liability. The case manager shall provide documentation in each individual's plan deleted text beginof caredeleted text end
and, if requested, to the commissioner that the most cost-effective alternatives available
have been offered to the individual and that the individual was free to choose among
available qualified providers, both public and private, including qualified case management
or service coordination providers other than those employed by any county; however, the
county or tribe maintains responsibility for prior authorizing services in accordance with
statutory and administrative requirements. The case manager must give the individual a
ten-day written notice of any denial, termination, or reduction of alternative care services.

(b) The county of service or tribe must provide access to and arrange for case
management services, including assuring implementation of thenew text begin coordinated service
and support
new text end plan. "County of service" has the meaning given it in Minnesota Rules,
part 9505.0015, subpart 11. The county of service must notify the county of financial
responsibility of the approved care plan and the amount of encumbered funds.

Sec. 18.

Minnesota Statutes 2010, section 256B.0915, subdivision 1a, is amended to
read:


Subd. 1a.

Elderly waiver case management services.

(a) deleted text beginElderlydeleted text endnew text begin Except
as provided to individuals under prepaid medical assistance programs as described
in paragraph (h),
new text end case management services under the home and community-based
services waiver for elderly individuals are available from providers meeting qualification
requirements and the standards specified in subdivision 1b. Eligible recipients may choose
any qualified provider of deleted text beginelderlydeleted text end case management services.

(b) Case management services assist individuals who receive waiver services in
gaining access to needed waiver and other state plan servicesdeleted text begin,deleted text endnew text begin and assist individuals in
appeals under section 256.045,
new text end as well as needed medical, social, educational, and other
services regardless of the funding source for the services to which access is gained.new text begin Case
managers shall collaborate with consumers, families, legal representatives, and relevant
medical experts and service providers in the development and periodic review of the
coordinated service and support plan.
new text end

(c) A case aide shall provide assistance to the case manager in carrying out
administrative activities of the case management function. The case aide may not assume
responsibilities that require professional judgment including assessments, reassessments,
and care plan development. The case manager is responsible for providing oversight of
the case aide.

(d) Case managers shall be responsible for ongoing monitoring of the provision
of services included in the individual's plan of care. Case managers shall initiate deleted text beginand
oversee
deleted text end the process of deleted text beginassessment anddeleted text end reassessment of the individual's deleted text begincaredeleted text endnew text begin coordinated
service and support plan
new text end and review new text beginthe new text endplan deleted text beginof caredeleted text end at intervals specified in the federally
approved waiver plan.

(e) The county of service or tribe must provide access to and arrange for case
management services. County of service has the meaning given it in Minnesota Rules,
part 9505.0015, subpart 11.

new text begin (f) Except as described in paragraph (h), case management services must be provided
by a public or private agency that is enrolled as a medical assistance provider determined
by the commissioner to meet all of the requirements in subdivision 1b. Case management
services must not be provided to a recipient by a private agency that has a financial interest
in the provision of any other services included in the recipient's coordinated service and
support plan. For purposes of this section, "private agency" means any agency that is not
identified as a lead agency under section 256B.0911, subdivision 1a, paragraph (e).
new text end

new text begin (g) Case management service activities provided to or arranged for a person include:
new text end

new text begin (1) development of the coordinated service and support plan under subdivision 6;
new text end

new text begin (2) informing the individual or the individual's legal guardian or conservator of
service options, and options for case management services and providers;
new text end

new text begin (3) consulting with relevant medical experts or service providers;
new text end

new text begin (4) assisting the person in the identification of potential providers;
new text end

new text begin (5) assisting the person to access services;
new text end

new text begin (6) coordination of services; and
new text end

new text begin (7) evaluation and monitoring of the services identified in the plan, which must
incorporate at least one annual face-to-face visit by the case manager with each person.
new text end

new text begin (h) Notwithstanding any requirements in this section, for individuals enrolled in
prepaid medical assistance programs under section 256B.69, subdivisions 6b and 23, the
health plan shall provide or arrange to provide elderly waiver case management services in
paragraph (g), in accordance with contract requirements established by the commissioner.
new text end

Sec. 19.

Minnesota Statutes 2010, section 256B.0915, subdivision 1b, is amended to
read:


Subd. 1b.

Provider qualifications and standards.

new text begin(a) new text endThe commissioner must
enroll qualified providers of deleted text beginelderlydeleted text end case management services under the home and
community-based waiver for the elderly under section 1915(c) of the Social Security
Act. The enrollment process shall ensure the provider's ability to meet the qualification
requirements and standards in this subdivision and other federal and state requirements
of this service. deleted text beginAn elderlydeleted text endnew text begin Anew text end case management provider is an enrolled medical
assistance provider who is determined by the commissioner to have all of the following
characteristics:

(1) the demonstrated capacity and experience to provide the components of
case management to coordinate and link community resources needed by the eligible
population;

(2) administrative capacity and experience in serving the target population for
whom it will provide services and in ensuring quality of services under state and federal
requirements;

(3) a financial management system that provides accurate documentation of services
and costs under state and federal requirements;

(4) the capacity to document and maintain individual case records under state and
federal requirements; and

(5) the lead agency may allow a case manager employed by the lead agency to
delegate certain aspects of the case management activity to another individual employed
by the lead agency provided there is oversight of the individual by the case manager.
The case manager may not delegate those aspects which require professional judgment
including assessments, reassessments, and deleted text begincaredeleted text endnew text begin coordinated service and supportnew text end plan
development. Lead agencies include counties, health plans, and federally recognized
tribes who authorize services under this section.

new text begin (b) A health plan shall provide or arrange to provide elderly waiver case management
services in subdivision 1a, paragraph (g), in accordance with contract requirements
established by the commissioner related to provider standards and qualifications.
new text end

Sec. 20.

Minnesota Statutes 2010, section 256B.0915, subdivision 3c, is amended to
read:


Subd. 3c.

Service approval and contracting provisions.

(a) Medical assistance
funding for skilled nursing services, private duty nursing, home health aide, and personal
care services for waiver recipients must be approved by the case manager and included in
the deleted text beginindividual caredeleted text endnew text begin coordinated service and supportnew text end plan.

(b) A lead agency is not required to contract with a provider of supplies and
equipment if the monthly cost of the supplies and equipment is less than $250.

Sec. 21.

Minnesota Statutes 2010, section 256B.0915, subdivision 6, is amended to
read:


Subd. 6.

Implementation of deleted text begincaredeleted text endnew text begin coordinated service and supportnew text end plan.

new text begin(a) new text endEach
elderly waiver client shall be provided a copy of a written deleted text begincaredeleted text endnew text begin coordinated service and
support
new text end plan deleted text beginthat meets the requirements outlined in section 256B.0913, subdivision 8.
The care plan must be implemented by the county of service when it is different than the
county of financial responsibility. The county of service administering waivered services
must notify the county of financial responsibility of the approved care plan.
deleted text endnew text begin which:
new text end

new text begin (1) is developed and signed by the recipient within ten working days after the case
manager receives the assessment information and written community support plan as
described in section 256B.0911, subdivision 3a, from the certified assessor;
new text end

new text begin (2) includes the person's need for service and identification of service needs that will
be or that are met by the person's relatives, friends, and others, as well as community
services used by the general public;
new text end

new text begin (3) reasonably ensures the health and safety of the recipient;
new text end

new text begin (4) identifies the person's preferences for services as stated by the person or the
person's legal guardian or conservator;
new text end

new text begin (5) reflects the person's informed choice between institutional and community-based
services, as well as choice of services, supports, and providers, including available case
manager providers;
new text end

new text begin (6) identifies long and short-range goals for the person;
new text end

new text begin (7) identifies specific services and the amount, frequency, duration, and cost of the
services to be provided to the person based on assessed needs, preferences, and available
resources;
new text end

new text begin (8) includes information about the right to appeal decisions under section 256.045;
and
new text end

new text begin (9) includes the authorized annual and estimated monthly amounts for the services.
new text end

new text begin (b) In developing the coordinated service and support plan, the case manager should
also include the use of volunteers, religious organizations, social clubs, and civic and
service organizations to support the individual in the community. The lead agency must be
held harmless for damages or injuries sustained through the use of volunteers and agencies
under this paragraph, including workers' compensation liability.
new text end

Sec. 22.

Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 10,
is amended to read:


Subd. 10.

Waiver payment rates; managed care organizations.

The
commissioner shall adjust the elderly waiver capitation payment rates for managed
care organizations paid under section 256B.69, subdivisions deleted text begin6adeleted text endnew text begin 6bnew text end and 23, to reflect the
maximum service rate limits for customized living services and 24-hour customized
living services under subdivisions 3e and 3h. Medical assistance rates paid to customized
living providers by managed care organizations under this section shall not exceed the
maximum service rate limits and component rates as determined by the commissioner
under subdivisions 3e and 3h.

Sec. 23.

Minnesota Statutes 2010, section 256B.092, subdivision 1, is amended to read:


Subdivision 1.

County of financial responsibility; duties.

Before any services
shall be rendered to persons with developmental disabilities who are in need of social
service and medical assistance, the county of financial responsibility shall conduct or
arrange for a diagnostic evaluation in order to determine whether the person has or may
have a developmental disability or has or may have a related condition. If the county
of financial responsibility determines that the person has a developmental disability,
the county shall inform the person of case management services available under this
section. Except as provided in subdivision 1g or 4b, if a person is diagnosed as having a
developmental disability, the county of financial responsibility shall conduct or arrange for
a needs assessmentnew text begin by a certified assessornew text end, new text beginand new text enddevelop deleted text beginor arrange for an individual servicedeleted text endnew text begin
a community support
new text end plannew text begin according to section 256B.0911new text end, deleted text beginprovide or arrange for ongoing
case management services at the level identified in the individual service plan, provide
or arrange for case management administration,
deleted text end and authorize services identified in the
person's deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plan developed according to
subdivision 1b. Diagnostic information, obtained by other providers or agencies, may be
used by the county agency in determining eligibility for case management. Nothing in this
section shall be construed as requiring: (1) assessment in areas agreed to as unnecessary
by deleted text beginthe case managerdeleted text endnew text begin a certified assessornew text end and the person, or the person's legal guardian or
conservator, or the parent if the person is a minor, or (2) assessments in areas where there
has been a functional assessment completed in the previous 12 months for which the
deleted text begin case managerdeleted text endnew text begin certified assessornew text end and the person or person's guardian or conservator, or the
parent if the person is a minor, agree that further assessment is not necessary. For persons
under state guardianship, the deleted text begincase managerdeleted text endnew text begin certified assessornew text end shall seek authorization from
the public guardianship office for waiving any assessment requirements. Assessments
related to health, safety, and protection of the person for the purpose of identifying service
type, amount, and frequency or assessments required to authorize services may not be
waived. To the extent possible, for wards of the commissioner the county shall consider
the opinions of the parent of the person with a developmental disability when developing
the person's deleted text beginindividual servicedeleted text endnew text begin community supportnew text end plannew text begin and coordinated service and
support plan
new text end.

Sec. 24.

Minnesota Statutes 2010, section 256B.092, subdivision 1a, is amended to
read:


Subd. 1a.

Case management deleted text beginadministration anddeleted text end services.

(a) deleted text beginThe administrative
functions of case management provided to or arranged for a person include:
deleted text endnew text begin Each recipient
of a home and community-based waiver shall be provided case management services by
qualified vendors as described in the federally approved waiver application.
new text end

deleted text begin (1) review of eligibility for services;
deleted text end

deleted text begin (2) screening;
deleted text end

deleted text begin (3) intake;
deleted text end

deleted text begin (4) diagnosis;
deleted text end

deleted text begin (5) the review and authorization of services based upon an individualized service
plan; and
deleted text end

deleted text begin (6) responding to requests for conciliation conferences and appeals according to
section 256.045 made by the person, the person's legal guardian or conservator, or the
parent if the person is a minor.
deleted text end

(b) Case management service activities provided to or arranged for a person include:

(1) development of the deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plannew text begin
under subdivision 1b
new text end;

(2) informing the individual or the individual's legal guardian or conservator, or
parent if the person is a minor, of service options;

(3) consulting with relevant medical experts or service providers;

(4) assisting the person in the identification of potential providers;

(5) assisting the person to access servicesnew text begin and assisting in appeals under section
256.045
new text end;

(6) coordination of services, if coordination is not provided by another service
provider;

(7) evaluation and monitoring of the services identified in the new text begincoordinated service
and support
new text endplannew text begin, which must incorporate at least one annual face-to-face visit by the case
manager with each person
new text end; and

(8) deleted text beginannual reviews of service plans and services provideddeleted text endnew text begin reviewing coordinated
service and support plans and providing the lead agency with recommendations for service
authorization based upon the individual's needs identified in the coordinated service and
support plan
new text end.

(c) Case management deleted text beginadministration anddeleted text end service activities that are provided to the
person with a developmental disability shall be provided directly by county agencies or
under contract.new text begin Case management services must be provided by a public or private agency
that is enrolled as a medical assistance provider determined by the commissioner to meet
all of the requirements in the approved federal waiver plans. Case management services
must not be provided to a recipient by a private agency that has a financial interest in the
provision of any other services included in the recipient's coordinated service and support
plan. For purposes of this section, "private agency" means any agency that is not identified
as a lead agency under section 256B.0911, subdivision 1a, paragraph (e).
new text end

(d) Case managers are responsible for deleted text beginthe administrative duties anddeleted text end service
provisions listed in paragraphs (a) and (b). Case managers shall collaborate with
consumers, families, legal representatives, and relevant medical experts and service
providers in the development and annual review of the deleted text beginindividualized servicedeleted text endnew text begin coordinated
service and support plan
new text end and habilitation deleted text beginplansdeleted text endnew text begin plannew text end.

(e) The Department of Human Services shall offer ongoing education in case
management to case managers. Case managers shall receive no less than ten hours of case
management education and disability-related training each year.

Sec. 25.

Minnesota Statutes 2010, section 256B.092, subdivision 1b, is amended to
read:


Subd. 1b.

deleted text beginIndividualdeleted text endnew text begin Coordinatednew text end servicenew text begin and supportnew text end plan.

deleted text beginThe individual
service plan must
deleted text endnew text begin (a) Each recipient of home and community-based waivered services
shall be provided a copy of the written coordinated service and support plan which
new text end:

new text begin (1) is developed and signed by the recipient within ten working days after the case
manager receives the assessment information and written community support plan as
described in section 256B.0911, subdivision 3a, from the certified assessor;
new text end

deleted text begin (1) include the results of the assessment information ondeleted text end new text begin(2) includes new text endthe person's
need for service, including identification of service needs that will be or that are met
by the person's relatives, friends, and others, as well as community services used by
the general public;

new text begin (3) reasonably ensures the health and safety of the recipient;
new text end

deleted text begin (2) identifydeleted text endnew text begin (4) identifiesnew text end the person's preferences for services as stated by the
person, the person's legal guardian or conservator, or the parent if the person is a minornew text begin,
including the person's choices made on self-directed options and on services and supports
to achieve employment goals
new text end;

new text begin (5) provides for an informed choice, as defined in section 256B.77, subdivision 2,
paragraph (o), of service and support providers, and identifies all available options for
case management services and providers;
new text end

deleted text begin (3) identifydeleted text endnew text begin (6) identifiesnew text end long- and short-range goals for the person;

deleted text begin (4) identifydeleted text endnew text begin (7) identifiesnew text end specific services and the amount and frequency of the
services to be provided to the person based on assessed needs, preferences, and available
resources. The deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plan shall also specify
other services the person needs that are not available;

deleted text begin (5) identifydeleted text endnew text begin (8) identifiesnew text end the need for an individual program plan to be developed
by the provider according to the respective state and federal licensing and certification
standards, and additional assessments to be completed or arranged by the provider after
service initiation;

deleted text begin (6) identifydeleted text endnew text begin (9) identifiesnew text end provider responsibilities to implement and make
recommendations for modification to the deleted text beginindividual servicedeleted text endnew text begin coordinated service and
support
new text end plan;

deleted text begin (7) includedeleted text endnew text begin (10) includesnew text end notice of the right to request a conciliation conference or a
hearing under section 256.045;

deleted text begin (8) bedeleted text endnew text begin (11) isnew text end agreed upon and signed by the person, the person's legal guardian
or conservator, or the parent if the person is a minor, and the authorized county
representative; deleted text beginand
deleted text end

deleted text begin (9) bedeleted text endnew text begin (12) isnew text end reviewed by a health professional if the person has overriding medical
needs that impact the delivery of servicesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (13) includes the authorized annual and monthly amounts for the services.
new text end

deleted text begin Service planning formats developed for interagency planning such as transition,
vocational, and individual family service plans may be substituted for service planning
formats developed by county agencies.
deleted text end

new text begin (b) In developing the coordinated service and support plan, the case manager is
encouraged to include the use of volunteers, religious organizations, social clubs, and civic
and service organizations to support the individual in the community. The lead agency
must be held harmless for damages or injuries sustained through the use of volunteers and
agencies under this paragraph, including workers' compensation liability.
new text end

Sec. 26.

Minnesota Statutes 2010, section 256B.092, subdivision 1e, is amended to
read:


Subd. 1e.

Coordination, evaluation, and monitoring of services.

(a) If the
deleted text begin individual servicedeleted text endnew text begin coordinated service and supportnew text end plan identifies the need for individual
program plans for authorized services, the case manager shall assure that individual
program plans are developed by the providers according to clauses (2) to (5). The
providers shall assure that the individual program plans:

(1) are developed according to the respective state and federal licensing and
certification requirements;

(2) are designed to achieve the goals of the deleted text beginindividual servicedeleted text endnew text begin coordinated service
and support
new text end plan;

(3) are consistent with other aspects of the deleted text beginindividual servicedeleted text endnew text begin coordinated service
and support
new text end plan;

(4) assure the health and safety of the person; and

(5) are developed with consistent and coordinated approaches to services among the
various service providers.

(b) The case manager shall monitor the provision of services:

(1) to assure that the deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plan is
being followed according to paragraph (a);

(2) to identify any changes or modifications that might be needed in the deleted text beginindividual
service
deleted text endnew text begin coordinated service and supportnew text end plan, including changes resulting from
recommendations of current service providers;

(3) to determine if the person's legal rights are protected, and if not, notify the
person's legal guardian or conservator, or the parent if the person is a minor, protection
services, or licensing agencies as appropriate; and

(4) to determine if the person, the person's legal guardian or conservator, or the
parent if the person is a minor, is satisfied with the services provided.

(c) If the provider fails to develop or carry out the individual program plan according
to paragraph (a), the case manager shall notify the person's legal guardian or conservator,
or the parent if the person is a minor, the provider, the respective licensing and certification
agencies, and the county board where the services are being provided. In addition, the
case manager shall identify other steps needed to assure the person receives the services
identified in the deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plan.

Sec. 27.

Minnesota Statutes 2010, section 256B.092, subdivision 1g, is amended to
read:


Subd. 1g.

Conditions not requiring development of deleted text beginindividual servicedeleted text endnew text begin
coordinated service and support
new text end plan.

Unless otherwise required by federal law, the
county agency is not required to complete deleted text beginan individual servicedeleted text endnew text begin a coordinated service and
support
new text end plan as defined in subdivision 1b for:

(1) persons whose families are requesting respite care for their family member who
resides with them, or whose families are requesting a family support grant and are not
requesting purchase or arrangement of habilitative services; and

(2) persons with developmental disabilities, living independently without authorized
services or receiving funding for services at a rehabilitation facility as defined in section
268A.01, subdivision 6, and not in need of or requesting additional services.

Sec. 28.

Minnesota Statutes 2010, section 256B.092, subdivision 2, is amended to read:


Subd. 2.

Medical assistance.

To assure quality case management to those persons
who are eligible for medical assistance, the commissioner shall, upon request:

(1) provide consultation on the case management process;

(2) assist county agencies in the deleted text beginscreening anddeleted text end annual reviews of clients review
process to assure that appropriate levels of service are provided to persons;

(3) provide consultation on service planning and development of services with
appropriate options;

(4) provide training and technical assistance to county case managers; and

(5) authorize payment for medical assistance services according to this chapter
and rules implementing it.

Sec. 29.

Minnesota Statutes 2010, section 256B.092, subdivision 3, is amended to read:


Subd. 3.

Authorization and termination of services.

County agency case
managers, under rules of the commissioner, shall authorize and terminate services of
community and regional treatment center providers according to deleted text beginindividual servicedeleted text endnew text begin
support
new text end plans. Services provided to persons with developmental disabilities may only be
authorized and terminated by case managersnew text begin or certified assessorsnew text end according to (1) rules of
the commissioner and (2) the deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plan as
defined in subdivision 1b. Medical assistance services not needed shall not be authorized
by county agencies or funded by the commissioner. When purchasing or arranging for
unlicensed respite care services for persons with overriding health needs, the county
agency shall seek the advice of a health care professional in assessing provider staff
training needs and skills necessary to meet the medical needs of the person.

Sec. 30.

Minnesota Statutes 2010, section 256B.092, subdivision 5, is amended to read:


Subd. 5.

Federal waivers.

(a) The commissioner shall apply for any federal
waivers necessary to secure, to the extent allowed by law, federal financial participation
under United States Code, title 42, sections 1396 et seq., as amended, for the provision
of services to persons who, in the absence of the services, would need the level of care
provided in a regional treatment center or a community intermediate care facility for
persons with developmental disabilities. The commissioner may seek amendments to the
waivers or apply for additional waivers under United States Code, title 42, sections 1396
et seq., as amended, to contain costs. The commissioner shall ensure that payment for
the cost of providing home and community-based alternative services under the federal
waiver plan shall not exceed the cost of intermediate care services including day training
and habilitation services that would have been provided without the waivered services.

The commissioner shall seek an amendment to the 1915c home and
community-based waiver to allow properly licensed adult foster care homes to provide
residential services to up to five individuals with developmental disabilities. If the
amendment to the waiver is approved, adult foster care providers that can accommodate
five individuals shall increase their capacity to five beds, provided the providers continue
to meet all applicable licensing requirements.

(b) The commissioner, in administering home and community-based waivers for
persons with developmental disabilities, shall ensure that day services for eligible persons
are not provided by the person's residential service provider, unless the person or the
person's legal representative is offered a choice of providers and agrees in writing to
provision of day services by the residential service provider. The deleted text beginindividual servicedeleted text endnew text begin
coordinated service and support
new text end plan for individuals who choose to have their residential
service provider provide their day services must describe how health, safety, protection,
and habilitation needs will be met, including how frequent and regular contact with
persons other than the residential service provider will occur. The deleted text beginindividualized servicedeleted text endnew text begin
coordinated service and support
new text end plan must address the provision of services during the
day outside the residence on weekdays.

(c) When a deleted text begincountydeleted text endnew text begin lead agencynew text end is evaluating denials, reductions, or terminations
of home and community-based services under section 256B.0916 for an individual, the
deleted text begin case managerdeleted text endnew text begin lead agencynew text end shall offer to meet with the individual or the individual's
guardian in order to discuss the prioritization of service needs within the deleted text beginindividualized
service
deleted text endnew text begin coordinated service and supportnew text end plan. The reduction in the authorized services
for an individual due to changes in funding for waivered services may not exceed the
amount needed to ensure medically necessary services to meet the individual's health,
safety, and welfare.

Sec. 31.

Minnesota Statutes 2010, section 256B.092, subdivision 7, is amended to read:


Subd. 7.

deleted text beginScreening teamsdeleted text endnew text begin Assessmentsnew text end.

new text begin (a) Assessments and reassessments shall
be conducted by certified assessors according to section 256B.0911, and must incorporate
appropriate referrals to determine eligibility for case management under subdivision 1a.
new text end

new text begin (b) new text endFor persons with developmental disabilities, deleted text beginscreening teams shall be established
which
deleted text endnew text begin a certified assessornew text end shall evaluate the need for deleted text beginthedeleted text endnew text begin an institutionalnew text end level of carenew text begin.new text end
deleted text begin provided by residential-based habilitation services, residential services, training and
habilitation services, and nursing facility services.
deleted text end The deleted text beginevaluationdeleted text endnew text begin assessmentnew text end shall
address whether home and community-based services are appropriate for persons who
are at risk of placement in an intermediate care facility for persons with developmental
disabilities, or for whom there is reasonable indication that they might require this level of
care. The deleted text beginscreening teamdeleted text endnew text begin certified assessornew text end shall make an evaluation of need deleted text beginwithin 60
working days of a request for service by a person with a developmental disability, and
deleted text end
within five working days of an emergency admission of a person to an intermediate care
facility for persons with developmental disabilities. deleted text beginThe screening team shall consist of
the case manager for persons with developmental disabilities, the person, the person's
legal guardian or conservator, or the parent if the person is a minor, and a qualified
developmental disability professional, as defined in the Code of Federal Regulations,
title 42, section 483.430, as amended through June 3, 1988. The case manager may also
act as the qualified developmental disability professional if the case manager meets
the federal definition. County social service agencies may contract with a public or
private agency or individual who is not a service provider for the person for the public
guardianship representation required by the screening or individual service planning
process. The contract shall be limited to public guardianship representation for the
screening and individual service planning activities. The contract shall require compliance
with the commissioner's instructions and may be for paid or voluntary services. For
persons determined to have overriding health care needs and are seeking admission to a
nursing facility or an ICF/MR, or seeking access to home and community-based waivered
services, a registered nurse must be designated as either the case manager or the qualified
developmental disability professional. For persons under the jurisdiction of a correctional
agency, the case manager must consult with the corrections administrator regarding
additional health, safety, and supervision needs. The case manager, with the concurrence
of the person, the person's legal guardian or conservator, or the parent if the person is a
minor, may invite other individuals to attend meetings of the screening team. No member
of the screening team shall have any direct or indirect service provider interest in the case.
Nothing in this section shall be construed as requiring the screening team meeting to be
separate from the service planning meeting.
deleted text end

Sec. 32.

Minnesota Statutes 2010, section 256B.092, subdivision 8, is amended to read:


Subd. 8.

deleted text beginScreening teamdeleted text endnew text begin Additional certified assessornew text end duties.

new text beginIn addition to the
responsibilities of certified assessors described in section 256B.0911, for persons with
developmental disabilities,
new text endthe deleted text beginscreening teamdeleted text endnew text begin certified assessornew text end shall:

deleted text begin (1) review diagnostic data;
deleted text end

deleted text begin (2) review health, social, and developmental assessment data using a uniform
screening tool specified by the commissioner;
deleted text end

deleted text begin (3) identify the level of services appropriate to maintain the person in the most
normal and least restrictive setting that is consistent with the person's treatment needs;
deleted text end

deleted text begin (4)deleted text endnew text begin (1)new text end identify other noninstitutional public assistance or social service that may
prevent or delay long-term residential placement;

deleted text begin (5)deleted text endnew text begin (2)new text end assess whether a person is in need of long-term residential care;

deleted text begin (6)deleted text endnew text begin (3)new text end make recommendations regarding placement and payment for:

(i) social service or public assistance support, or both, to maintain a person in the
person's own home or other place of residence;

(ii) training and habilitation service, vocational rehabilitation, and employment
training activities;

(iii) community residential new text beginservice new text endplacement;

(iv) regional treatment center placement; or

(v) a home and community-based service alternative to community residential
deleted text begin placementdeleted text endnew text begin servicenew text end or regional treatment center placement new text beginincluding self-directed service
options
new text end;

deleted text begin (7)deleted text endnew text begin (4)new text end evaluate the availability, location, and quality of the services listed in clause
deleted text begin (6)deleted text endnew text begin (3)new text end, including the impact of placement alternatives on the person's ability to maintain
or improve existing patterns of contact and involvement with parents and other family
members;

deleted text begin (8)deleted text endnew text begin (5)new text end identify the cost implications of recommendations in clause deleted text begin(6)deleted text endnew text begin (3)new text end;new text begin and
new text end

deleted text begin (9)deleted text endnew text begin (6)new text end make recommendations to a court as may be needed to assist the court in
making decisions regarding commitment of persons with developmental disabilitiesdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (10) inform the person and the person's legal guardian or conservator, or the parent if
the person is a minor, that appeal may be made to the commissioner pursuant to section
256.045.
deleted text end

Sec. 33.

Minnesota Statutes 2010, section 256B.092, subdivision 8a, is amended to
read:


Subd. 8a.

County deleted text beginconcurrencedeleted text endnew text begin notificationnew text end.

(a) If the county of financial
responsibility wishes to place a person in another county for services, the county of
financial responsibility shall deleted text beginseek concurrence fromdeleted text endnew text begin notifynew text end the proposed county of service
and the placement shall be made cooperatively between the two counties. Arrangements
shall be made between the two counties for ongoing social service, including annual
reviews of the person's deleted text beginindividual servicedeleted text endnew text begin coordinated service and supportnew text end plan. The county
where services are provided may not make changes in the person's deleted text beginservicedeleted text endnew text begin coordinated
service and support
new text end plan without approval by the county of financial responsibility.

(b) deleted text beginWhen a person has been screened and authorized for services in an intermediate
care facility for persons with developmental disabilities or for home and community-based
services for persons with developmental disabilities, the case manager shall assist that
person in identifying a service provider who is able to meet the needs of the person
according to the person's individual service plan. If the identified service is to be provided
in a county other than the county of financial responsibility, the county of financial
responsibility shall request concurrence of the county where the person is requesting to
receive the identified services.
deleted text end The county of service deleted text beginmay refuse to concurdeleted text endnew text begin shall notify
the county of financial responsibility
new text end ifdeleted text begin:
deleted text end

deleted text begin (1) it can demonstrate that the provider is unable to provide the services identified in
the person's individual service plan as services that are needed and are to be provided; or
deleted text end

deleted text begin (2)deleted text endnew text begin,new text end in the case of an intermediate care facility for persons with developmental
disabilities, there has been no authorization for admission by the admission review team
as required in section 256B.0926.

(c) The county of service shall notify the county of financial responsibility of
deleted text begin concurrence or refusal to concurdeleted text endnew text begin any concerns about the chosen provider's capacity to
meet the needs of the person seeking to move to residential services in another county
new text end no
later than 20 working days following receipt of the written deleted text beginrequestdeleted text endnew text begin notificationnew text end. Unless
other mutually acceptable arrangements are made by the involved county agencies, the
county of financial responsibility is responsible for costs of social services and the costs
associated with the development and maintenance of the placement. The county of
service may request that the county of financial responsibility purchase case management
services from the county of service or from a contracted provider of case management
when the county of financial responsibility is not providing case management as defined
in this section and rules adopted under this section, unless other mutually acceptable
arrangements are made by the involved county agencies. Standards for payment limits
under this section may be established by the commissioner. Financial disputes between
counties shall be resolved as provided in section 256G.09.new text begin This subdivision also applies to
home and community-based waiver services provided under section 256B.49.
new text end

Sec. 34.

Minnesota Statutes 2010, section 256B.092, subdivision 9, is amended to read:


Subd. 9.

Reimbursement.

Payment for services shall not be provided to a
service provider for any person placed in an intermediate care facility for persons with
developmental disabilities prior to the person deleted text beginbeing screened by the screening teamdeleted text endnew text begin
receiving an assessment by a certified assessor
new text end. The commissioner shall not deny
reimbursement for: (1) a person admitted to an intermediate care facility for persons
with developmental disabilities who is assessed to need long-term supportive services,
if long-term supportive services other than intermediate care are not available in that
community; (2) any person admitted to an intermediate care facility for persons with
developmental disabilities under emergency circumstances; (3) any eligible person placed
in the intermediate care facility for persons with developmental disabilities pending an
appeal of the deleted text beginscreening team'sdeleted text endnew text begin certified assessor'snew text end decision; or (4) any medical assistance
recipient when, after full discussion of all appropriate alternatives including those that
are expected to be less costly than intermediate care for persons with developmental
disabilities, the person or the person's legal guardian or conservator, or the parent if the
person is a minor, insists on intermediate care placement. The deleted text beginscreening teamdeleted text endnew text begin certified
assessor
new text end shall provide documentation that the most cost-effective alternatives available
were offered to this individual or the individual's legal guardian or conservator.

Sec. 35.

Minnesota Statutes 2010, section 256B.092, subdivision 11, is amended to
read:


Subd. 11.

Residential support services.

(a) Upon federal approval, there is
established a new service called residential support that is available on the community
alternative care, community alternatives for disabled individuals, developmental
disabilities, and traumatic brain injury waivers. Existing waiver service descriptions
must be modified to the extent necessary to ensure there is no duplication between
other services. Residential support services must be provided by vendors licensed as a
community residential setting as defined in section 245A.11, subdivision 8.

(b) Residential support services must meet the following criteria:

(1) providers of residential support services must own or control the residential site;

(2) the residential site must not be the primary residence of the license holder;

(3) the residential site must have a designated program supervisor responsible for
program oversight, development, and implementation of policies and procedures;

(4) the provider of residential support services must provide supervision, training,
and assistance as described in the person's deleted text begincommunitydeleted text endnew text begin coordinated service andnew text end support
plan; and

(5) the provider of residential support services must meet the requirements of
licensure and additional requirements of the person's deleted text begincommunitydeleted text endnew text begin coordinated service andnew text end
support plan.

(c) Providers of residential support services that meet the definition in paragraph
(a) must be registered using a process determined by the commissioner beginning July
1, 2009.

Sec. 36.

Minnesota Statutes 2010, section 256B.15, subdivision 1c, is amended to read:


Subd. 1c.

Notice of potential claim.

(a) A state agency with a claim or potential
claim under this section may file a notice of potential claim under this subdivision anytime
before or within one year after a medical assistance recipient dies. The claimant shall be
the state agency. A notice filed prior to the recipient's death shall not take effect and shall
not be effective as notice until the recipient dies. A notice filed after a recipient dies
shall be effective from the time of filing.

(b) The notice of claim shall be filed or recorded in the real estate records in the
office of the county recorder or registrar of titles for each county in which any part of
the property is located. The recorder shall accept the notice for recording or filing. The
registrar of titles shall accept the notice for filing if the recipient has a recorded interest in
the property. The registrar of titles shall not carry forward to a new certificate of title any
notice filed more than one year from the date of the recipient's death.

(c) The notice must be dated, state the name of the claimant, the medical assistance
recipient's name andnew text begin last four digits of thenew text end Social Security number if filed before their
death and their date of death if filed after they die, the name and date of death of any
predeceased spouse of the medical assistance recipient for whom a claim may exist, a
statement that the claimant may have a claim arising under this section, generally identify
the recipient's interest in the property, contain a legal description for the property and
whether it is abstract or registered property, a statement of when the notice becomes
effective and the effect of the notice, be signed by an authorized representative of the state
agency, and may include such other contents as the state agency may deem appropriate.

Sec. 37.

Minnesota Statutes 2010, section 256B.15, subdivision 1f, is amended to read:


Subd. 1f.

Agency lien.

(a) The notice shall constitute a lien in favor of the
Department of Human Services against the recipient's interests in the real estate it
describes for a period of 20 years from the date of filing or the date of the recipient's death,
whichever is later. Notwithstanding any law or rule to the contrary, a recipient's life estate
and joint tenancy interests shall not end upon the recipient's death but shall continue
according to subdivisions 1h, 1i, and 1j. The amount of the lien shall be equal to the total
amount of the claims that could be presented in the recipient's estate under this section.

(b) If no estate has been opened for the deceased recipient, any holder of an interest
in the property may apply to the lienholder for a statement of the amount of the lien or
for a full or partial release of the lien. The application shall include the applicant's name,
current mailing address, current home and work telephone numbers, and a description of
their interest in the property, a legal description of the recipient's interest in the property,
and the deceased recipient's name, date of birth, andnew text begin last four digits of thenew text end Social Security
number. The lienholder shall send the applicant by certified mail, return receipt requested,
a written statement showing the amount of the lien, whether the lienholder is willing to
release the lien and under what conditions, and inform them of the right to a hearing under
section 256.045. The lienholder shall have the discretion to compromise and settle the lien
upon any terms and conditions the lienholder deems appropriate.

(c) Any holder of an interest in property subject to the lien has a right to request
a hearing under section 256.045 to determine the validity, extent, or amount of the lien.
The request must be in writing, and must include the names, current addresses, and home
and business telephone numbers for all other parties holding an interest in the property. A
request for a hearing by any holder of an interest in the property shall be deemed to be a
request for a hearing by all parties owning interests in the property. Notice of the hearing
shall be given to the lienholder, the party filing the appeal, and all of the other holders of
interests in the property at the addresses listed in the appeal by certified mail, return receipt
requested, or by ordinary mail. Any owner of an interest in the property to whom notice of
the hearing is mailed shall be deemed to have waived any and all claims or defenses in
respect to the lien unless they appear and assert any claims or defenses at the hearing.

(d) If the claim the lien secures could be filed under subdivision 1h, the lienholder
may collect, compromise, settle, or release the lien upon any terms and conditions it deems
appropriate. If the claim the lien secures could be filed under subdivision 1i or 1j, the lien
may be adjusted or enforced to the same extent had it been filed under subdivisions 1i
and 1j, and the provisions of subdivisions 1i, clause (f), and 1j, clause (d), shall apply to
voluntary payment, settlement, or satisfaction of the lien.

(e) If no probate proceedings have been commenced for the recipient as of the date
the lien holder executes a release of the lien on a recipient's life estate or joint tenancy
interest, created for purposes of this section, the release shall terminate the life estate or
joint tenancy interest created under this section as of the date it is recorded or filed to the
extent of the release. If the claimant executes a release for purposes of extinguishing a
life estate or a joint tenancy interest created under this section to remove a cloud on title
to real property, the release shall have the effect of extinguishing any life estate or joint
tenancy interests in the property it describes which may have been continued by reason
of this section retroactive to the date of death of the deceased life tenant or joint tenant
except as provided for in section 514.981, subdivision 6.

(f) If the deceased recipient's estate is probated, a claim shall be filed under this
section. The amount of the lien shall be limited to the amount of the claim as finally
allowed. If the claim the lien secures is filed under subdivision 1h, the lien may be released
in full after any allowance of the claim becomes final or according to any agreement to
settle and satisfy the claim. The release shall release the lien but shall not extinguish
or terminate the interest being released. If the claim the lien secures is filed under
subdivision 1i or 1j, the lien shall be released after the lien under subdivision 1i or 1j is
filed or recorded, or settled according to any agreement to settle and satisfy the claim. The
release shall not extinguish or terminate the interest being released. If the claim is finally
disallowed in full, the claimant shall release the claimant's lien at the claimant's expense.

Sec. 38.

Minnesota Statutes 2010, section 256B.49, subdivision 13, is amended to read:


Subd. 13.

Case management.

(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described
in the federally approved waiver application. The case management service activities
provided deleted text beginwilldeleted text endnew text begin mustnew text end include:

deleted text begin (1) assessing the needs of the individual within 20 working days of a recipient's
request;
deleted text end

deleted text begin (2) developingdeleted text endnew text begin (1) finalizingnew text end the written deleted text beginindividual servicedeleted text endnew text begin coordinated service and
support
new text end plan within ten working days after the deleted text beginassessment is completeddeleted text endnew text begin case manager
receives the plan from the certified assessor
new text end;

deleted text begin (3)deleted text endnew text begin (2)new text end informing the recipient or the recipient's legal guardian or conservator
of service options;

deleted text begin (4)deleted text endnew text begin (3)new text end assisting the recipient in the identification of potential service providersnew text begin and
available options for case management service and providers
new text end;

deleted text begin (5)deleted text endnew text begin (4)new text end assisting the recipient to access servicesnew text begin and assisting with appeals under
section 256.045
new text end;new text begin and
new text end

deleted text begin (6)deleted text endnew text begin (5)new text end coordinating, evaluating, and monitoring of the services identified in the
service plandeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (7) completing the annual reviews of the service plan; and
deleted text end

deleted text begin (8) informing the recipient or legal representative of the right to have assessments
completed and service plans developed within specified time periods, and to appeal county
action or inaction under section 256.045, subdivision 3, including the determination of
nursing facility level of care.
deleted text end

(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including
deleted text begin assessments, reassessments, and care plan development.deleted text endnew text begin:
new text end

new text begin (1) finalizing the coordinated service and support plan;
new text end

new text begin (2) ongoing assessment and monitoring of the person's needs and adequacy of the
approved coordinated service and support plan; and
new text end

new text begin (3) adjustments to the coordinated service and support plan.
new text end

new text begin (c) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. Case management services must
not be provided to a recipient by a private agency that has any financial interest in the
provision of any other services included in the recipient's coordinated service and support
plan. For purposes of this section, "private agency" means any agency that is not identified
as a lead agency under section 256B.0911, subdivision 1a, paragraph (e).
new text end

Sec. 39.

Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 14,
is amended to read:


Subd. 14.

Assessment and reassessment.

(a) Assessments deleted text beginof each recipient's
strengths, informal support systems, and need for services shall be completed within 20
working days of the recipient's request as provided in section 256B.0911. Reassessment
of each recipient's strengths, support systems, and need for services shall be conducted
at least every 12 months and at other times when there has been a significant change in
the recipient's functioning
deleted text endnew text begin and reassessments shall be conducted by certified assessors
according to section 256B.0911, subdivision 2b
new text end.

(b) There must be a determination that the client requires a hospital level of care or a
nursing facility level of care as defined in section 256B.0911, subdivision 4a, paragraph
(d), at initial and subsequent assessments to initiate and maintain participation in the
waiver program.

(c) Regardless of other assessments identified in section 144.0724, subdivision 4, as
appropriate to determine nursing facility level of care for purposes of medical assistance
payment for nursing facility services, only face-to-face assessments conducted according
to section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care
determination or a nursing facility level of care determination must be accepted for
purposes of initial and ongoing access to waiver services payment.

deleted text begin (d) Persons with developmental disabilities who apply for services under the nursing
facility level waiver programs shall be screened for the appropriate level of care according
to section 256B.092.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end Recipients who are found eligible for home and community-based services
under this section before their 65th birthday may remain eligible for these services after
their 65th birthday if they continue to meet all other eligibility factors.

deleted text begin (f)deleted text endnew text begin (e)new text end The commissioner shall develop criteria to identify recipients whose level of
functioning is reasonably expected to improve and reassess these recipients to establish
a baseline assessment. Recipients who meet these criteria must have a comprehensive
transitional service plan developed under subdivision 15, paragraphs (b) and (c), and be
reassessed every six months until there has been no significant change in the recipient's
functioning for at least 12 months. After there has been no significant change in the
recipient's functioning for at least 12 months, reassessments of the recipient's strengths,
informal support systems, and need for services shall be conducted at least every 12
months and at other times when there has been a significant change in the recipient's
functioning. Counties, case managers, and service providers are responsible for
conducting these reassessments and shall complete the reassessments out of existing funds.

Sec. 40.

Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 15,
is amended to read:


Subd. 15.

deleted text beginIndividualized servicedeleted text endnew text begin Coordinated service and supportnew text end plan;
comprehensive transitional service plan; maintenance service plan.

(a) Each recipient
of home and community-based waivered services shall be provided a copy of the written
new text begin coordinated new text endservice new text beginand support new text endplan whichdeleted text begin:deleted text endnew text begin meets the requirements in section 256B.092,
subdivision 1b.
new text end

deleted text begin (1) is developed and signed by the recipient within ten working days of the
completion of the assessment;
deleted text end

deleted text begin (2) meets the assessed needs of the recipient;
deleted text end

deleted text begin (3) reasonably ensures the health and safety of the recipient;
deleted text end

deleted text begin (4) promotes independence;
deleted text end

deleted text begin (5) allows for services to be provided in the most integrated settings; and
deleted text end

deleted text begin (6) provides for an informed choice, as defined in section 256B.77, subdivision 2,
paragraph (p), of service and support providers.
deleted text end

(b) In developing the comprehensive transitional service plan, the individual
receiving services, the case manager, and the guardian, if applicable, will identify
the transitional service plan fundamental service outcome and anticipated timeline to
achieve this outcome. Within the first 20 days following a recipient's request for an
assessment or reassessment, the transitional service planning team must be identified. A
team leader must be identified who will be responsible for assigning responsibility and
communicating with team members to ensure implementation of the transition plan and
ongoing assessment and communication process. The team leader should be an individual,
such as the case manager or guardian, who has the opportunity to follow the recipient to
the next level of service.

Within ten days following an assessment, a comprehensive transitional service plan
must be developed incorporating elements of a comprehensive functional assessment and
including short-term measurable outcomes and timelines for achievement of and reporting
on these outcomes. Functional milestones must also be identified and reported according
to the timelines agreed upon by the transitional service planning team. In addition, the
comprehensive transitional service plan must identify additional supports that may assist
in the achievement of the fundamental service outcome such as the development of greater
natural community support, increased collaboration among agencies, and technological
supports.

The timelines for reporting on functional milestones will prompt a reassessment of
services provided, the units of services, rates, and appropriate service providers. It is
the responsibility of the transitional service planning team leader to review functional
milestone reporting to determine if the milestones are consistent with observable skills
and that milestone achievement prompts any needed changes to the comprehensive
transitional service plan.

For those whose fundamental transitional service outcome involves the need to
procure housing, a plan for the recipient to seek the resources necessary to secure the least
restrictive housing possible should be incorporated into the plan, including employment
and public supports such as housing access and shelter needy funding.

(c) Counties and other agencies responsible for funding community placement and
ongoing community supportive services are responsible for the implementation of the
comprehensive transitional service plans. Oversight responsibilities include both ensuring
effective transitional service delivery and efficient utilization of funding resources.

(d) Following one year of transitional services, the transitional services planning
team will make a determination as to whether or not the individual receiving services
requires the current level of continuous and consistent support in order to maintain the
recipient's current level of functioning. Recipients who are determined to have not had
a significant change in functioning for 12 months must move from a transitional to a
maintenance service plan. Recipients on a maintenance service plan must be reassessed
to determine if the recipient would benefit from a transitional service plan at least every
12 months and at other times when there has been a significant change in the recipient's
functioning. This assessment should consider any changes to technological or natural
community supports.

(e) When a county is evaluating denials, reductions, or terminations of home and
community-based services under section 256B.49 for an individual, the case manager
shall offer to meet with the individual or the individual's guardian in order to discuss the
prioritization of service needs within the deleted text beginindividualizeddeleted text endnew text begin coordinatednew text end service new text beginand support
new text endplan, comprehensive transitional service plan, or maintenance service plan. The reduction
in the authorized services for an individual due to changes in funding for waivered
services may not exceed the amount needed to ensure medically necessary services to
meet the individual's health, safety, and welfare.

(f) At the time of reassessment, local agency case managers shall assess each
recipient of community alternatives for disabled individuals or traumatic brain injury
waivered services currently residing in a licensed adult foster home that is not the primary
residence of the license holder, or in which the license holder is not the primary caregiver,
to determine if that recipient could appropriately be served in a community-living setting.
If appropriate for the recipient, the case manager shall offer the recipient, through a
person-centered planning process, the option to receive alternative housing and service
options. In the event that the recipient chooses to transfer from the adult foster home,
the vacated bed shall not be filled with another recipient of waiver services and group
residential housing, unless provided under section 245A.03, subdivision 7, paragraph (a),
clauses (3) and (4), and the licensed capacity shall be reduced accordingly. If the adult
foster home becomes no longer viable due to these transfers, the county agency, with the
assistance of the department, shall facilitate a consolidation of settings or closure. This
reassessment process shall be completed by June 30, 2012.

Sec. 41.

Minnesota Statutes 2010, section 256G.02, subdivision 6, is amended to read:


Subd. 6.

Excluded time.

"Excluded time" means:

deleted text begin (a)deleted text endnew text begin (1)new text end any period an applicant spends in a hospital, sanitarium, nursing home,
shelter other than an emergency shelter, halfway house, foster home, semi-independent
living domicile or services program, residential facility offering care, board and lodging
facility or other institution for the hospitalization or care of human beings, as defined in
section 144.50, 144A.01, or 245A.02, subdivision 14; maternity home, battered women's
shelter, or correctional facility; or any facility based on an emergency hold under sections
253B.05, subdivisions 1 and 2, and 253B.07, subdivision 6;

deleted text begin (b)deleted text endnew text begin (2)new text end any period an applicant spends on a placement basis in a training and
habilitation program, includingnew text begin:new text end a rehabilitation facility or work or employment program
as defined in section 268A.01; deleted text beginor receiving personal care assistance services pursuant to
section 256B.0659;
deleted text end semi-independent living services provided under section 252.275, and
Minnesota Rules, parts 9525.0500 to 9525.0660; new text beginor new text endday training and habilitation programs
and assisted living services; and

deleted text begin (c)deleted text endnew text begin (3)new text end any placement for a person with an indeterminate commitment, including
independent living.

Sec. 42. new text beginRECOMMENDATIONS FOR FURTHER CASE MANAGEMENT
REDESIGN AND STUDY OF COUNTY AND TRIBAL ADMINISTRATIVE
FUNCTIONS.
new text end

new text begin (a) By February 1, 2013, the commissioner of human services shall develop a
legislative report with specific recommendations and language for proposed legislation
for the following:
new text end

new text begin (1) definitions of service and consolidation of standards and rates to the extent
appropriate for all types of medical assistance case management service services, including
targeted case management under Minnesota Statutes, sections 256B.0621, 256B.0924, and
256B.094, and all types of home and community-based waiver case management and case
management under Minnesota Rules, parts 9525.0004 to 9525.0036. This work must be
completed in collaboration with efforts under Minnesota Statutes, section 256B.4912;
new text end

new text begin (2) recommendations on county of financial responsibility requirements and quality
assurance measures for case management; and
new text end

new text begin (3) identification of county administrative functions that may remain entwined in
case management service delivery models.
new text end

new text begin (b) The commissioner of human services shall evaluate county and tribal
administrative functions, processes, and reimbursement methodologies for the purposes
of administration of home and community-based services, and compliance and
oversight functions. The commissioner shall work with county, tribal, and stakeholder
representatives in the evaluation process and develop a plan for the delegation of
commissioner duties to county and tribal entities after the elimination of county contracts
under Minnesota Statutes, section 256B.4912, for waiver service provision and the
creation of quality outcome standards under Laws 2009, chapter 79, article 8, section
81, and residential support services under Minnesota Statutes, sections 256B.092,
subdivision 11, and 245A.11, subdivision 8. The commissioner shall present findings
and recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance and policy by
February 1, 2013, with any specific recommendations and language for proposed
legislation to be effective July 1, 2013.
new text end

ARTICLE 12

CHEMICAL AND MENTAL HEALTH

Section 1.

Minnesota Statutes 2010, section 245.461, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Diagnostic codes list. new text end

new text begin By July 1, 2013, the commissioner of human
services shall develop a list of diagnostic codes to define the range of child and adult
mental illnesses for the statewide mental health system. The commissioner may use the
International Classification of Diseases (ICD); the American Psychiatric Association's
Diagnostic and Statistical Manual (DSM); or a combination of both to develop the list.
The commissioner shall establish an advisory committee, comprising mental health
professional associations, counties, tribes, managed care organizations, state agencies,
and consumer organizations that shall advise the commissioner regarding development of
the diagnostic codes list. The commissioner shall annually notify providers of changes
to the list.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245.462, subdivision 20, is amended to read:


Subd. 20.

Mental illness.

(a) "Mental illness" means an organic disorder of the
brain or a clinically significant disorder of thought, mood, perception, orientation,
memory, or behavior that is deleted text beginlisted in the clinical manual of the International Classification
of Diseases (ICD-9-CM), current edition, code range 290.0 to 302.99 or 306.0 to 316.0
or the corresponding code in the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders (DSM-MD), current edition, Axes I, II, or III
deleted text endnew text begin
detailed in a diagnostic codes list published by the commissioner
new text end, and that seriously limits
a person's capacity to function in primary aspects of daily living such as personal relations,
living arrangements, work, and recreation.

(b) An "adult with acute mental illness" means an adult who has a mental illness that
is serious enough to require prompt intervention.

(c) For purposes of case management and community support services, a "person
with serious and persistent mental illness" means an adult who has a mental illness and
meets at least one of the following criteria:

(1) the adult has undergone two or more episodes of inpatient care for a mental
illness within the preceding 24 months;

(2) the adult has experienced a continuous psychiatric hospitalization or residential
treatment exceeding six months' duration within the preceding 12 months;

(3) the adult has been treated by a crisis team two or more times within the preceding
24 months;

(4) the adult:

(i) has a diagnosis of schizophrenia, bipolar disorder, major depression, or borderline
personality disorder;

(ii) indicates a significant impairment in functioning; and

(iii) has a written opinion from a mental health professional, in the last three years,
stating that the adult is reasonably likely to have future episodes requiring inpatient or
residential treatment, of a frequency described in clause (1) or (2), unless ongoing case
management or community support services are provided;

(5) the adult has, in the last three years, been committed by a court as a person
who is mentally ill under chapter 253B, or the adult's commitment has been stayed or
continued; or

(6) the adult (i) was eligible under clauses (1) to (5), but the specified time period
has expired or the adult was eligible as a child under section 245.4871, subdivision 6; and
(ii) has a written opinion from a mental health professional, in the last three years, stating
that the adult is reasonably likely to have future episodes requiring inpatient or residential
treatment, of a frequency described in clause (1) or (2), unless ongoing case management
or community support services are provided.

Sec. 3.

Minnesota Statutes 2010, section 245.487, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Diagnostic codes list. new text end

new text begin By July 1, 2013, the commissioner of human
services shall develop a list of diagnostic codes to define the range of child and adult
mental illnesses for the statewide mental health system. The commissioner may use the
International Classification of Diseases (ICD); the American Psychiatric Association's
Diagnostic and Statistical Manual (DSM); or a combination of both to develop the list.
The commissioner shall establish an advisory committee, comprising mental health
professional associations, counties, tribes, managed care organizations, state agencies,
and consumer organizations that shall advise the commissioner regarding development of
the diagnostic codes list. The commissioner shall annually notify providers of changes
to the list.
new text end

Sec. 4.

Minnesota Statutes 2010, section 245.4871, subdivision 15, is amended to read:


Subd. 15.

Emotional disturbance.

"Emotional disturbance" means an organic
disorder of the brain or a clinically significant disorder of thought, mood, perception,
orientation, memory, or behavior that:

(1) is deleted text beginlisted in the clinical manual of the International Classification of Diseases
(ICD-9-CM), current edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the
corresponding code in the American Psychiatric Association's Diagnostic and Statistical
Manual of Mental Disorders (DSM-MD), current edition, Axes I, II, or III
deleted text endnew text begin detailed in a
diagnostic codes list published by the commissioner
new text end; and

(2) seriously limits a child's capacity to function in primary aspects of daily living
such as personal relations, living arrangements, work, school, and recreation.

"Emotional disturbance" is a generic term and is intended to reflect all categories
of disorder described in deleted text beginDSM-MD, current editiondeleted text endnew text begin the clinical code list published by the
commissioner
new text end as "usually first evident in childhood or adolescence."

Sec. 5.

Minnesota Statutes 2010, section 245.4932, subdivision 1, is amended to read:


Subdivision 1.

Collaborative responsibilities.

The children's mental health
collaborative shall have the following authority and responsibilities regarding federal
revenue enhancement:

(1) the collaborative must establish an integrated fund;

(2) the collaborative shall designate a lead county or other qualified entity as the
fiscal agency for reporting, claiming, and receiving payments;

(3) the collaborative or lead county may enter into subcontracts with other counties,
school districts, special education cooperatives, municipalities, and other public and
nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance
federal reimbursement;

(4) the collaborative shall use any enhanced revenue attributable to the activities of
the collaborative, including administrative and service revenue, solely to provide mental
health services or to expand the operational target population. The lead county or other
qualified entity may not use enhanced federal revenue for any other purpose;

deleted text begin (5) the members of the collaborative must continue the base level of expenditures,
as defined in section 245.492, subdivision 2, for services for children with emotional or
behavioral disturbances and their families from any state, county, federal, or other public
or private funding source which, in the absence of the new federal reimbursement earned
under sections 245.491 to 245.495, would have been available for those services. The
base year for purposes of this subdivision shall be the accounting period closest to state
fiscal year 1993;
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end the collaborative or lead county must develop and maintain an accounting and
financial management system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the contract with the
commissioner of human services;

deleted text begin (7)deleted text endnew text begin (6)new text end the collaborative or its members may elect to pay the nonfederal share of the
medical assistance costs for services designated by the collaborative; and

deleted text begin (8)deleted text endnew text begin (7)new text end the lead county or other qualified entity may not use federal funds or local
funds designated as matching for other federal funds to provide the nonfederal share of
medical assistance.

Sec. 6.

Minnesota Statutes 2010, section 246.53, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Exception from statute of limitations. new text end

new text begin Any statute of limitations that
limits the commissioner in recovering the cost of care obligation incurred by a client or
former client shall not apply to any claim against an estate made under this section to
recover the cost of care.
new text end

Sec. 7.

Minnesota Statutes 2011 Supplement, section 254B.04, subdivision 2a, is
amended to read:


Subd. 2a.

Eligibility for treatment in residential settings.

Notwithstanding
provisions of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's
discretion in making placements to residential treatment settings, a person eligible for
services under this section must score at level 4 on assessment dimensions related to
relapse, continued use, deleted text beginanddeleted text end new text beginor new text endrecovery environment in order to be assigned to services
with a room and board component reimbursed under this section.

Sec. 8.

Minnesota Statutes 2010, section 256B.0625, subdivision 42, is amended to
read:


Subd. 42.

Mental health professional.

Notwithstanding Minnesota Rules, part
9505.0175, subpart 28, the definition of a mental health professional shall include a person
who is qualified as specified in section 245.462, subdivision 18, clauses deleted text begin(5) anddeleted text end new text begin(1) to new text end(6);
or 245.4871, subdivision 27, clauses deleted text begin(5) anddeleted text end new text begin(1) to new text end(6), for the purpose of this section and
Minnesota Rules, parts 9505.0170 to 9505.0475.

Sec. 9.

Minnesota Statutes 2010, section 256F.13, subdivision 1, is amended to read:


Subdivision 1.

Federal revenue enhancement.

(a) The commissioner of human
services may enter into an agreement with one or more family services collaboratives
to enhance federal reimbursement under title IV-E of the Social Security Act and
federal administrative reimbursement under title XIX of the Social Security Act. The
commissioner may contract with the Department of Education for purposes of transferring
the federal reimbursement to the commissioner of education to be distributed to the
collaboratives according to clause (2). The commissioner shall have the following
authority and responsibilities regarding family services collaboratives:

(1) the commissioner shall submit amendments to state plans and seek waivers as
necessary to implement the provisions of this section;

(2) the commissioner shall pay the federal reimbursement earned under this
subdivision to each collaborative based on their earnings. Payments to collaboratives for
expenditures under this subdivision will only be made of federal earnings from services
provided by the collaborative;

(3) the commissioner shall review expenditures of family services collaboratives
using reports specified in the agreement with the collaborative to ensure deleted text beginthat the base level
of expenditures is continued and
deleted text end new federal reimbursement is used to expand education,
social, health, or health-related services to young children and their families;

deleted text begin (4) the commissioner may reduce, suspend, or eliminate a family services
collaborative's obligations to continue the base level of expenditures or expansion of
services if the commissioner determines that one or more of the following conditions
apply:
deleted text end

deleted text begin (i) imposition of levy limits that significantly reduce available funds for social,
health, or health-related services to families and children;
deleted text end

deleted text begin (ii) reduction in the net tax capacity of the taxable property eligible to be taxed by
the lead county or subcontractor that significantly reduces available funds for education,
social, health, or health-related services to families and children;
deleted text end

deleted text begin (iii) reduction in the number of children under age 19 in the county, collaborative
service delivery area, subcontractor's district, or catchment area when compared to the
number in the base year using the most recent data provided by the State Demographer's
Office; or
deleted text end

deleted text begin (iv) termination of the federal revenue earned under the family services collaborative
agreement;
deleted text end

deleted text begin (5)deleted text end new text begin(4) new text endthe commissioner shall not use the federal reimbursement earned under this
subdivision in determining the allocation or distribution of other funds to counties or
collaboratives;

deleted text begin (6)deleted text endnew text begin (5)new text end the commissioner may suspend, reduce, or terminate the federal
reimbursement to a provider that does not meet the reporting or other requirements
of this subdivision;

deleted text begin (7)deleted text endnew text begin (6)new text end the commissioner shall recover from the family services collaborative any
federal fiscal disallowances or sanctions for audit exceptions directly attributable to the
family services collaborative's actions in the integrated fund, or the proportional share if
federal fiscal disallowances or sanctions are based on a statewide random sample; and

deleted text begin (8)deleted text endnew text begin (7)new text end the commissioner shall establish criteria for the family services collaborative
for the accounting and financial management system that will support claims for federal
reimbursement.

(b) The family services collaborative shall have the following authority and
responsibilities regarding federal revenue enhancement:

(1) the family services collaborative shall be the party with which the commissioner
contracts. A lead county shall be designated as the fiscal agency for reporting, claiming,
and receiving payments;

(2) the family services collaboratives may enter into subcontracts with other
counties, school districts, special education cooperatives, municipalities, and other public
and nonprofit entities for purposes of identifying and claiming eligible expenditures to
enhance federal reimbursement, or to expand education, social, health, or health-related
services to families and children;

(3) the family services collaborative must use all new federal reimbursement
resulting from federal revenue enhancement to expand expenditures for education, social,
health, or health-related services to families and children beyond the base leveldeleted text begin, except
as provided in paragraph (a), clause (4)
deleted text end;

(4) the family services collaborative must ensure that expenditures submitted for
federal reimbursement are not made from federal funds or funds used to match other
federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family
services collaborative expenditures under agreement with the department, the nonfederal
share of costs shall be provided by the family services collaborative from sources other
than federal funds or funds used to match other federal funds;

(5) the family services collaborative must develop and maintain an accounting and
financial management system adequate to support all claims for federal reimbursement,
including a clear audit trail and any provisions specified in the agreement; and

(6) the family services collaborative shall submit an annual report to the
commissioner as specified in the agreement.

Sec. 10. new text beginTERMINOLOGY AUDIT.
new text end

new text begin The commissioner of human services shall collaborate with individuals with
disabilities, families, advocates, and other governmental agencies to solicit feedback and
identify inappropriate and insensitive terminology relating to individuals with disabilities,
conduct a comprehensive audit of the placement of this terminology in Minnesota Statutes
and Minnesota Rules, and make recommendations for changes to the 2013 legislature
on the repeal and replacement of this terminology with more appropriate and sensitive
terminology.
new text end

ARTICLE 13

HEALTH CARE

Section 1.

Minnesota Statutes 2011 Supplement, section 125A.21, subdivision 7,
is amended to read:


Subd. 7.

District disclosure of information.

A school district may disclose
information contained in a student's individualized education program, consistent with
section 13.32, subdivision 3, paragraph (a), and Code of Federal Regulations, title 34,
parts 99 and 300; including records of the student's diagnosis and treatment, to a health
plan company only with the signed and dated consent of the student's parent, or other
legally authorized individualdeleted text begin, including consent that the parent or legal representative gave
as part of the application process for MinnesotaCare or medical assistance under section
256B.08, subdivision 1
deleted text end. The school district shall disclose only that information necessary
for the health plan company to decide matters of coverage and payment. A health plan
company may use the information only for making decisions regarding coverage and
payment, and for any other use permitted by law.

Sec. 2.

Minnesota Statutes 2010, section 256B.04, subdivision 14, is amended to read:


Subd. 14.

Competitive bidding.

(a) When determined to be effective, economical,
and feasible, the commissioner may utilize volume purchase through competitive bidding
and negotiation under the provisions of chapter 16C, to provide items under the medical
assistance program including but not limited to the following:

(1) eyeglasses;

(2) oxygen. The commissioner shall provide for oxygen needed in an emergency
situation on a short-term basis, until the vendor can obtain the necessary supply from
the contract dealer;

(3) hearing aids and supplies; and

(4) durable medical equipment, including but not limited to:

(i) hospital beds;

(ii) commodes;

(iii) glide-about chairs;

(iv) patient lift apparatus;

(v) wheelchairs and accessories;

(vi) oxygen administration equipment;

(vii) respiratory therapy equipment;

(viii) electronic diagnostic, therapeutic and life-support systems;

(5) nonemergency medical transportation level of need determinations, disbursement
of public transportation passes and tokens, and volunteer and recipient mileage and
parking reimbursements; and

(6) drugs.

(b) Rate changes new text beginand recipient cost-sharing new text endunder this chapter and chapters 256D and
256L do not affect contract payments under this subdivision unless specifically identified.

(c) The commissioner may not utilize volume purchase through competitive bidding
and negotiation for special transportation services under the provisions of chapter 16C.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 256B.056, subdivision 3, is
amended to read:


Subd. 3.

Asset limitations for individuals and families.

(a) To be eligible for
medical assistance, a person must not individually own more than $3,000 in assets, or if a
member of a household with two family members, husband and wife, or parent and child,
the household must not own more than $6,000 in assets, plus $200 for each additional
legal dependent. In addition to these maximum amounts, an eligible individual or family
may accrue interest on these amounts, but they must be reduced to the maximum at the
time of an eligibility redetermination. The accumulation of the clothing and personal
needs allowance according to section 256B.35 must also be reduced to the maximum at
the time of the eligibility redetermination. The value of assets that are not considered in
determining eligibility for medical assistance is the value of those assets excluded under
the supplemental security income program for aged, blind, and disabled persons, with
the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;

(3) motor vehicles are excluded to the same extent excluded by the supplemental
security income program;

(4) assets designated as burial expenses are excluded to the same extent excluded by
the supplemental security income program. Burial expenses funded by annuity contracts
or life insurance policies must irrevocably designate the individual's estate as contingent
beneficiary to the extent proceeds are not used for payment of selected burial expenses; deleted text beginand
deleted text end

(5) for a person who no longer qualifies as an employed person with a disability due
to loss of earnings, assets allowed while eligible for medical assistance under section
256B.057, subdivision 9, are not considered for 12 months, beginning with the first month
of ineligibility as an employed person with a disability, to the extent that the person's total
assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph
(d)deleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) effective July 1, 2009, certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.
new text end

(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision
15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2010, section 256B.056, subdivision 3c, is amended to read:


Subd. 3c.

Asset limitations for families and children.

A household of two or more
persons must not own more than $20,000 in total net assets, and a household of one
person must not own more than $10,000 in total net assets. In addition to these maximum
amounts, an eligible individual or family may accrue interest on these amounts, but they
must be reduced to the maximum at the time of an eligibility redetermination. The value of
assets that are not considered in determining eligibility for medical assistance for families
and children is the value of those assets excluded under the AFDC state plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions:

(1) household goods and personal effects are not considered;

(2) capital and operating assets of a trade or business up to $200,000 are not
considered, except that a bank account that contains personal income or assets, or is used to
pay personal expenses, is not considered a capital or operating asset of a trade or business;

(3) one motor vehicle is excluded for each person of legal driving age who is
employed or seeking employment;

(4) assets designated as burial expenses are excluded to the same extent they are
excluded by the Supplemental Security Income program;

(5) court-ordered settlements up to $10,000 are not considered;

(6) individual retirement accounts and funds are not considered; deleted text beginand
deleted text end

(7) assets owned by children are not considereddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) effective July 1, 2009, certain assets owned by American Indians are excluded, as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.
new text end

The assets specified in clause (2) must be disclosed to the local agency at the time of
application and at the time of an eligibility redetermination, and must be verified upon
request of the local agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end

Sec. 5.

Minnesota Statutes 2011 Supplement, section 256B.057, subdivision 9, is
amended to read:


Subd. 9.

Employed persons with disabilities.

(a) Medical assistance may be paid
for a person who is employed and who:

(1) but for excess earnings or assets, meets the definition of disabled under the
Supplemental Security Income program;

(2) is at least 16 but less than 65 years of age;

(3) meets the asset limits in paragraph (d); and

(4) pays a premium and other obligations under paragraph (e).

(b) For purposes of eligibility, there is a $65 earned income disregard. To be eligible
for medical assistance under this subdivision, a person must have more than $65 of earned
income. Earned income must have Medicare, Social Security, and applicable state and
federal taxes withheld. The person must document earned income tax withholding. Any
spousal income or assets shall be disregarded for purposes of eligibility and premium
determinations.

(c) After the month of enrollment, a person enrolled in medical assistance under
this subdivision who:

(1) is temporarily unable to work and without receipt of earned income due to a
medical condition, as verified by a physician; or

(2) loses employment for reasons not attributable to the enrollee, and is without
receipt of earned income may retain eligibility for up to four consecutive months after the
month of job loss. To receive a four-month extension, enrollees must verify the medical
condition or provide notification of job loss. All other eligibility requirements must be met
and the enrollee must pay all calculated premium costs for continued eligibility.

(d) For purposes of determining eligibility under this subdivision, a person's assets
must not exceed $20,000, excluding:

(1) all assets excluded under section 256B.056;

(2) retirement accounts, including individual accounts, 401(k) plans, 403(b) plans,
Keogh plans, and pension plans;

(3) medical expense accounts set up through the person's employer; and

(4) spousal assets, including spouse's share of jointly held assets.

(e) All enrollees must pay a premium to be eligible for medical assistance under this
subdivision, except as provided under deleted text beginsection 256.01, subdivision 18bdeleted text endnew text begin clause (5)new text end.

(1) An enrollee must pay the greater of a $65 premium or the premium calculated
based on the person's gross earned and unearned income and the applicable family size
using a sliding fee scale established by the commissioner, which begins at one percent of
income at 100 percent of the federal poverty guidelines and increases to 7.5 percent of
income for those with incomes at or above 300 percent of the federal poverty guidelines.

(2) Annual adjustments in the premium schedule based upon changes in the federal
poverty guidelines shall be effective for premiums due in July of each year.

(3) All enrollees who receive unearned income must pay five percent of unearned
income in addition to the premium amount, except as provided under deleted text beginsection 256.01,
subdivision 18b
deleted text endnew text begin clause (5)new text end.

(4) Increases in benefits under title II of the Social Security Act shall not be counted
as income for purposes of this subdivision until July 1 of each year.

new text begin (5) Effective July 1, 2009, American Indians are exempt from paying premiums as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.
new text end

(f) A person's eligibility and premium shall be determined by the local county
agency. Premiums must be paid to the commissioner. All premiums are dedicated to
the commissioner.

(g) Any required premium shall be determined at application and redetermined at
the enrollee's six-month income review or when a change in income or household size is
reported. Enrollees must report any change in income or household size within ten days
of when the change occurs. A decreased premium resulting from a reported change in
income or household size shall be effective the first day of the next available billing month
after the change is reported. Except for changes occurring from annual cost-of-living
increases, a change resulting in an increased premium shall not affect the premium amount
until the next six-month review.

(h) Premium payment is due upon notification from the commissioner of the
premium amount required. Premiums may be paid in installments at the discretion of
the commissioner.

(i) Nonpayment of the premium shall result in denial or termination of medical
assistance unless the person demonstrates good cause for nonpayment. Good cause exists
if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B to
D, are met. Except when an installment agreement is accepted by the commissioner,
all persons disenrolled for nonpayment of a premium must pay any past due premiums
as well as current premiums due prior to being reenrolled. Nonpayment shall include
payment with a returned, refused, or dishonored instrument. The commissioner may
require a guaranteed form of payment as the only means to replace a returned, refused,
or dishonored instrument.

(j) The commissioner shall notify enrollees annually beginning at least 24 months
before the person's 65th birthday of the medical assistance eligibility rules affecting
income, assets, and treatment of a spouse's income and assets that will be applied upon
reaching age 65.

(k) For enrollees whose income does not exceed 200 percent of the federal poverty
guidelines and who are also enrolled in Medicare, the commissioner shall reimburse
the enrollee for Medicare part B premiums under section 256B.0625, subdivision 15,
paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2010, section 256B.0595, subdivision 2, is amended to read:


Subd. 2.

Period of ineligibility for long-term care services.

(a) For any
uncompensated transfer occurring on or before August 10, 1993, the number of months
of ineligibility for long-term care services shall be the lesser of 30 months, or the
uncompensated transfer amount divided by the average medical assistance rate for nursing
facility services in the state in effect on the date of application. The amount used to
calculate the average medical assistance payment rate shall be adjusted each July 1 to
reflect payment rates for the previous calendar year. The period of ineligibility begins
with the month in which the assets were transferred. If the transfer was not reported to
the local agency at the time of application, and the applicant received long-term care
services during what would have been the period of ineligibility if the transfer had been
reported, a cause of action exists against the transferee for the cost of long-term care
services provided during the period of ineligibility, or for the uncompensated amount of
the transfer, whichever is less. The uncompensated transfer amount is the fair market
value of the asset at the time it was given away, sold, or disposed of, less the amount of
compensation received.

(b) For uncompensated transfers made after August 10, 1993, the number of months
of ineligibility for long-term care services shall be the total uncompensated value of the
resources transferred divided by the average medical assistance rate for nursing facility
services in the state in effect on the date of application. The amount used to calculate
the average medical assistance payment rate shall be adjusted each July 1 to reflect
payment rates for the previous calendar year. The period of ineligibility begins with the
first day of the month after the month in which the assets were transferred except that
if one or more uncompensated transfers are made during a period of ineligibility, the
total assets transferred during the ineligibility period shall be combined and a penalty
period calculated to begin on the first day of the month after the month in which the first
uncompensated transfer was made. If the transfer was reported to the local agency after
the date that advance notice of a period of ineligibility that affects the next month could
be provided to the recipient and the recipient received medical assistance services or the
transfer was not reported to the local agency, and the applicant or recipient received
medical assistance services during what would have been the period of ineligibility if
the transfer had been reported, a cause of action exists against the transferee for that
portion of long-term care services provided during the period of ineligibility, or for the
uncompensated amount of the transfer, whichever is less. The uncompensated transfer
amount is the fair market value of the asset at the time it was given away, sold, or disposed
of, less the amount of compensation received. Effective for transfers made on or after
March 1, 1996, involving persons who apply for medical assistance on or after April 13,
1996, no cause of action exists for a transfer unless:

(1) the transferee knew or should have known that the transfer was being made by a
person who was a resident of a long-term care facility or was receiving that level of care in
the community at the time of the transfer;

(2) the transferee knew or should have known that the transfer was being made to
assist the person to qualify for or retain medical assistance eligibility; or

(3) the transferee actively solicited the transfer with intent to assist the person to
qualify for or retain eligibility for medical assistance.

(c) For uncompensated transfers made on or after February 8, 2006, the period
of ineligibility:

(1) for uncompensated transfers by or on behalf of individuals receiving medical
assistance payment of long-term care services, begins the first day of the month following
advance notice of the period of ineligibility, but no later than the first day of the month
that follows three full calendar months from the date of the report or discovery of the
transfer; or

(2) for uncompensated transfers by individuals requesting medical assistance
payment of long-term care services, begins the date on which the individual is eligible
for medical assistance under the Medicaid state plan and would otherwise be receiving
long-term care services based on an approved application for such care but for the period
of ineligibility resulting from the uncompensated transfer; and

(3) cannot begin during any other period of ineligibility.

(d) If a calculation of a period of ineligibility results in a partial month, payments for
long-term care services shall be reduced in an amount equal to the fraction.

(e) In the case of multiple fractional transfers of assets in more than one month for
less than fair market value on or after February 8, 2006, the period of ineligibility is
calculated by treating the total, cumulative, uncompensated value of all assets transferred
during all months on or after February 8, 2006, as one transfer.

(f) A period of ineligibility established under paragraph (c) may be eliminated if
all of the assets transferred for less than fair market value used to calculate the period of
ineligibility, or cash equal to the value of the assets at the time of the transfer, are returned
deleted text begin within 12 months after the date the period of ineligibility begandeleted text end. A period of ineligibility
must not be adjusted if less than the full amount of the transferred assets or the full cash
value of the transferred assets are returned.

Sec. 7.

Minnesota Statutes 2010, section 256B.0625, subdivision 13, is amended to
read:


Subd. 13.

Drugs.

(a) Medical assistance covers drugs, except for fertility drugs
when specifically used to enhance fertility, if prescribed by a licensed practitioner and
dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance
program as a dispensing physician, or by a physician, physician assistant, or a nurse
practitioner employed by or under contract with a community health board as defined in
section 145A.02, subdivision 5, for the purposes of communicable disease control.

(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply,
unless authorized by the commissioner.

new text begin (c) For the purpose of this subdivision and subdivision 13d, an "active
pharmaceutical ingredient" is defined as a substance that is represented for use in a drug
and when used in the manufacturing, processing, or packaging of a drug, becomes an
active ingredient of the drug product. An "excipient" is defined as an inert substance
used as a diluent or vehicle for a drug. The commissioner shall establish a list of active
pharmaceutical ingredients and excipients which are included in the medical assistance
formulary. Medical assistance covers selected active pharmaceutical ingredients and
excipients used in compounded prescriptions when the compounded combination is
specifically approved by the commissioner or when a commercially available product:
new text end

new text begin (1) is not a therapeutic option for the patient;
new text end

new text begin (2) does not exist in the same combination of active ingredients in the same strengths
as the compounded prescription; and
new text end

new text begin (3) cannot be used in place of the active pharmaceutical ingredient in the
compounded prescription.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end Medical assistance covers the following over-the-counter drugs when
prescribed by a licensed practitioner or by a licensed pharmacist who meets standards
established by the commissioner, in consultation with the board of pharmacy: antacids,
acetaminophen, family planning products, aspirin, insulin, products for the treatment of
lice, vitamins for adults with documented vitamin deficiencies, vitamins for children
under the age of seven and pregnant or nursing women, and any other over-the-counter
drug identified by the commissioner, in consultation with the formulary committee, as
necessary, appropriate, and cost-effective for the treatment of certain specified chronic
diseases, conditions, or disorders, and this determination shall not be subject to the
requirements of chapter 14. A pharmacist may prescribe over-the-counter medications as
provided under this paragraph for purposes of receiving reimbursement under Medicaid.
When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must
consult with the recipient to determine necessity, provide drug counseling, review drug
therapy for potential adverse interactions, and make referrals as needed to other health care
professionals.new text begin Over-the-counter medications must be dispensed in a quantity that is the
lower of: (1) the number of dosage units contained in the manufacturer's original package;
and (2) the number of dosage units required to complete the patient's course of therapy.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end Effective January 1, 2006, medical assistance shall not cover drugs that
are coverable under Medicare Part D as defined in the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e),
for individuals eligible for drug coverage as defined in the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section
1860D-1(a)(3)(A). For these individuals, medical assistance may cover drugs from the
drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this
subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code,
title 42, section 1396r-8(d)(2)(E), shall not be covered.

Sec. 8.

Minnesota Statutes 2010, section 256B.0625, subdivision 13d, is amended to
read:


Subd. 13d.

Drug formulary.

(a) The commissioner shall establish a drug
formulary. Its establishment and publication shall not be subject to the requirements of the
Administrative Procedure Act, but the Formulary Committee shall review and comment
on the formulary contents.

(b) The formulary shall not include:

(1) drugsnew text begin, active pharmaceutical ingredients,new text end or products for which there is no
federal funding;

(2) over-the-counter drugs, except as provided in subdivision 13;

(3) drugsnew text begin or active pharmaceutical ingredientsnew text end used for weight loss, except that
medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;

(4) drugsnew text begin or active pharmaceutical ingredientsnew text end when used for the treatment of
impotence or erectile dysfunction;

(5) drugsnew text begin or active pharmaceutical ingredientsnew text end for which medical value has not
been established; and

(6) drugs from manufacturers who have not signed a rebate agreement with the
Department of Health and Human Services pursuant to section 1927 of title XIX of the
Social Security Act.

(c) If a single-source drug used by at least two percent of the fee-for-service
medical assistance recipients is removed from the formulary due to the failure of the
manufacturer to sign a rebate agreement with the Department of Health and Human
Services, the commissioner shall notify prescribing practitioners within 30 days of
receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a
rebate agreement was not signed.

Sec. 9.

Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 13e,
is amended to read:


Subd. 13e.

Payment rates.

(a) The basis for determining the amount of payment
shall be the lower of the actual acquisition costs of the drugs or the maximum allowable
cost by the commissioner plus the fixed dispensing fee; or the usual and customary price
charged to the public. The amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any provider/insurer agreement or contract for submitted
charges to medical assistance programs. The net submitted charge may not be greater
than the patient liability for the service. The pharmacy dispensing fee shall be $3.65,
except that the dispensing fee for intravenous solutions which must be compounded by the
pharmacist shall be $8 per bag, $14 per bag for cancer chemotherapy products, and $30
per bag for total parenteral nutritional products dispensed in one liter quantities, or $44 per
bag for total parenteral nutritional products dispensed in quantities greater than one liter.
Actual acquisition cost includes quantity and other special discounts except time and cash
discounts. The actual acquisition cost of a drug shall be estimated by the commissioner at
wholesale acquisition cost plus four percent for independently owned pharmacies located
in a designated rural area within Minnesota, and at wholesale acquisition cost plus two
percent for all other pharmacies. A pharmacy is "independently owned" if it is one
of four or fewer pharmacies under the same ownership nationally. A "designated rural
area" means an area defined as a small rural area or isolated rural area according to the
four-category classification of the Rural Urban Commuting Area system developed for the
United States Health Resources and Services Administration. Wholesale acquisition cost
is defined as the manufacturer's list price for a drug or biological to wholesalers or direct
purchasers in the United States, not including prompt pay or other discounts, rebates, or
reductions in price, for the most recent month for which information is available, as
reported in wholesale price guides or other publications of drug or biological pricing data.
The maximum allowable cost of a multisource drug may be set by the commissioner and it
shall be comparable to, but no higher than, the maximum amount paid by other third-party
payors in this state who have maximum allowable cost programs. Establishment of the
amount of payment for drugs shall not be subject to the requirements of the Administrative
Procedure Act.

(b) An additional dispensing fee of $.30 may be added to the dispensing fee paid
to pharmacists for legend drug prescriptions dispensed to residents of long-term care
facilities when a unit dose blister card system, approved by the department, is used. Under
this type of dispensing system, the pharmacist must dispense a 30-day supply of drug.
The National Drug Code (NDC) from the drug container used to fill the blister card must
be identified on the claim to the department. The unit dose blister card containing the
drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700,
that govern the return of unused drugs to the pharmacy for reuse. The pharmacy provider
will be required to credit the department for the actual acquisition cost of all unused
drugs that are eligible for reuse. deleted text beginOver-the-counter medications must be dispensed in the
manufacturer's unopened package.
deleted text end The commissioner may permit the drug clozapine to be
dispensed in a quantity that is less than a 30-day supply.

(c) Whenever a maximum allowable cost has been set for a multisource drug,
payment shall be the lower of the usual and customary price charged to the public or the
maximum allowable cost established by the commissioner unless prior authorization
for the brand name product has been granted according to the criteria established by
the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the
prescriber has indicated "dispense as written" on the prescription in a manner consistent
with section 151.21, subdivision 2.

(d) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider or 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act. If average sales price is unavailable, the amount of payment
must be lower of the usual and customary cost submitted by the provider or the wholesale
acquisition cost.

(e) The commissioner may negotiate lower reimbursement rates for specialty
pharmacy products than the rates specified in paragraph (a). The commissioner may
require individuals enrolled in the health care programs administered by the department
to obtain specialty pharmacy products from providers with whom the commissioner has
negotiated lower reimbursement rates. Specialty pharmacy products are defined as those
used by a small number of recipients or recipients with complex and chronic diseases
that require expensive and challenging drug regimens. Examples of these conditions
include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis
C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms
of cancer. Specialty pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies
that require complex care. The commissioner shall consult with the formulary committee
to develop a list of specialty pharmacy products subject to this paragraph. In consulting
with the formulary committee in developing this list, the commissioner shall take into
consideration the population served by specialty pharmacy products, the current delivery
system and standard of care in the state, and access to care issues. The commissioner shall
have the discretion to adjust the reimbursement rate to prevent access to care issues.

(f) Home infusion therapy services provided by home infusion therapy pharmacies
must be paid at rates according to subdivision 8d.

Sec. 10.

Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 13h,
is amended to read:


Subd. 13h.

Medication therapy management services.

(a) Medical assistance
and general assistance medical care cover medication therapy management services for
a recipient taking three or more prescriptions to treat or prevent one or more chronic
medical conditions; a recipient with a drug therapy problem that is identified by the
commissioner or identified by a pharmacist and approved by the commissioner; or prior
authorized by the commissioner that has resulted or is likely to result in significant
nondrug program costs. The commissioner may cover medical therapy management
services under MinnesotaCare if the commissioner determines this is cost-effective. For
purposes of this subdivision, "medication therapy management" means the provision
of the following pharmaceutical care services by a licensed pharmacist to optimize the
therapeutic outcomes of the patient's medications:

(1) performing or obtaining necessary assessments of the patient's health status;

(2) formulating a medication treatment plan;

(3) monitoring and evaluating the patient's response to therapy, including safety
and effectiveness;

(4) performing a comprehensive medication review to identify, resolve, and prevent
medication-related problems, including adverse drug events;

(5) documenting the care delivered and communicating essential information to
the patient's other primary care providers;

(6) providing verbal education and training designed to enhance patient
understanding and appropriate use of the patient's medications;

(7) providing information, support services, and resources designed to enhance
patient adherence with the patient's therapeutic regimens; and

(8) coordinating and integrating medication therapy management services within the
broader health care management services being provided to the patient.

Nothing in this subdivision shall be construed to expand or modify the scope of practice of
the pharmacist as defined in section 151.01, subdivision 27.

(b) To be eligible for reimbursement for services under this subdivision, a pharmacist
must meet the following requirements:

(1) have a valid license issued deleted text beginunder chapter 151deleted text endnew text begin by the Board of Pharmacy of the
state in which the medication therapy management service is being performed
new text end;

(2) have graduated from an accredited college of pharmacy on or after May 1996, or
completed a structured and comprehensive education program approved by the Board of
Pharmacy and the American Council of Pharmaceutical Education for the provision and
documentation of pharmaceutical care management services that has both clinical and
didactic elements;

(3) be practicing in an ambulatory care setting as part of a multidisciplinary team or
have developed a structured patient care process that is offered in a private or semiprivate
patient care area that is separate from the commercial business that also occurs in the
setting, or in home settings, including long-term care settings, group homes, and facilities
providing assisted living services, but excluding skilled nursing facilities; and

(4) make use of an electronic patient record system that meets state standards.

(c) For purposes of reimbursement for medication therapy management services,
the commissioner may enroll individual pharmacists as medical assistance and general
assistance medical care providers. The commissioner may also establish contact
requirements between the pharmacist and recipient, including limiting the number of
reimbursable consultations per recipient.

(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing
within a reasonable geographic distance of the patient, a pharmacist who meets the
requirements may provide the services via two-way interactive video. Reimbursement
shall be at the same rates and under the same conditions that would otherwise apply to
the services provided. To qualify for reimbursement under this paragraph, the pharmacist
providing the services must meet the requirements of paragraph (b), and must be located
within an ambulatory care setting approved by the commissioner. The patient must also
be located within an ambulatory care setting approved by the commissioner. Services
provided under this paragraph may not be transmitted into the patient's residence.

(e) The commissioner shall establish a pilot project for an intensive medication
therapy management program for patients identified by the commissioner with multiple
chronic conditions and a high number of medications who are at high risk of preventable
hospitalizations, emergency room use, medication complications, and suboptimal
treatment outcomes due to medication-related problems. For purposes of the pilot
project, medication therapy management services may be provided in a patient's home
or community setting, in addition to other authorized settings. The commissioner may
waive existing payment policies and establish special payment rates for the pilot project.
The pilot project must be designed to produce a net savings to the state compared to the
estimated costs that would otherwise be incurred for similar patients without the program.
The pilot project must begin by January 1, 2010, and end June 30, 2012.

Sec. 11.

Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 14,
is amended to read:


Subd. 14.

Diagnostic, screening, and preventive services.

(a) Medical assistance
covers diagnostic, screening, and preventive services.

(b) "Preventive services" include services related to pregnancy, including:

(1) services for those conditions which may complicate a pregnancy and which may
be available to a pregnant woman determined to be at risk of poor pregnancy outcome;

(2) prenatal HIV risk assessment, education, counseling, and testing; and

(3) alcohol abuse assessment, education, and counseling on the effects of alcohol
usage while pregnant. Preventive services available to a woman at risk of poor pregnancy
outcome may differ in an amount, duration, or scope from those available to other
individuals eligible for medical assistance.

(c) "Screening services" include, but are not limited to, blood lead tests.

(d) The commissioner shall encourage, at the time of the child and teen checkup or
at an episodic care visit, the primary care health care provider to perform primary caries
preventive services. Primary caries preventive services include, at a minimum:

(1) a general visual examination of the child's mouth without using probes or other
dental equipment or taking radiographs;

(2) a risk assessment using the factors established by the American Academies
of Pediatrics and Pediatric Dentistry; and

(3) the application of a fluoride varnish beginning at age one to those children
assessed by the provider as being high risk in accordance with best practices as defined by
the Department of Human Services. The provider must obtain parental or legal guardian
consent before a fluoride deleted text begintreatmentdeleted text endnew text begin varnishnew text end is applied to a minor child's teeth.

At each checkup, if primary caries preventive services are provided, the provider must
provide to the child's parent or legal guardian: information on caries etiology and
prevention; and information on the importance of finding a dental home for their child
by the age of one. The provider must also advise the parent or legal guardian to contact
the child's managed care plan or the Department of Human Services in order to secure a
dental appointment with a dentist. The provider must indicate in the child's medical record
that the parent or legal guardian was provided with this information and document any
primary caries prevention services provided to the child.

Sec. 12.

Minnesota Statutes 2011 Supplement, section 256B.0631, subdivision 1,
is amended to read:


Subdivision 1.

Cost-sharing.

(a) Except as provided in subdivision 2, the medical
assistance benefit plan shall include the following cost-sharing for all recipients, effective
for services provided on or after September 1, 2011:

(1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes
of this subdivision, a visit means an episode of service which is required because of
a recipient's symptoms, diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse
midwife, advanced practice nurse, audiologist, optician, or optometrist;

deleted text begin (2) $3 for eyeglasses;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end $3.50 for nonemergency visits to a hospital-based emergency room, except
that this co-payment shall be increased to $20 upon federal approval;

deleted text begin (4)deleted text endnew text begin (3)new text end $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness;

deleted text begin (5)deleted text endnew text begin (4)new text end effective January 1, 2012, a family deductible equal to the maximum amount
allowed under Code of Federal Regulations, title 42, part 447.54; and

deleted text begin (6)deleted text endnew text begin (5)new text end for individuals identified by the commissioner with income at or below 100
percent of the federal poverty guidelines, total monthly cost-sharing must not exceed five
percent of family income. For purposes of this paragraph, family income is the total
earned and unearned income of the individual and the individual's spouse, if the spouse is
enrolled in medical assistance and also subject to the five percent limit on cost-sharing.

(b) Recipients of medical assistance are responsible for all co-payments and
deductibles in this subdivision.

Sec. 13.

Minnesota Statutes 2011 Supplement, section 256B.0631, subdivision 2,
is amended to read:


Subd. 2.

Exceptions.

Co-payments and deductibles shall be subject to the following
exceptions:

(1) children under the age of 21;

(2) pregnant women for services that relate to the pregnancy or any other medical
condition that may complicate the pregnancy;

(3) recipients expected to reside for at least 30 days in a hospital, nursing home, or
intermediate care facility for the developmentally disabled;

(4) recipients receiving hospice care;

(5) 100 percent federally funded services provided by an Indian health service;

(6) emergency services;

(7) family planning services;

(8) services that are paid by Medicare, resulting in the medical assistance program
paying for the coinsurance and deductible; deleted text beginand
deleted text end

(9) co-payments that exceed one per day per provider for nonpreventive visits,
eyeglasses, and nonemergency visits to a hospital-based emergency roomdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) services, fee-for-service payments subject to volume purchase through
competitive bidding.
new text end

Sec. 14.

Minnesota Statutes 2010, section 256B.19, subdivision 1c, is amended to read:


Subd. 1c.

Additional portion of nonfederal share.

(a) Hennepin County shall
be responsible for a monthly transfer payment of $1,500,000, due before noon on the
15th of each month and the University of Minnesota shall be responsible for a monthly
transfer payment of $500,000 due before noon on the 15th of each month, beginning July
15, 1995. These sums shall be part of the designated governmental unit's portion of the
nonfederal share of medical assistance costs.

(b) Beginning July 1, 2001, Hennepin County's payment under paragraph (a) shall
be $2,066,000 each month.

(c) Beginning July 1, 2001, the commissioner shall increase annual capitation
payments to deleted text beginthe metropolitan health plandeleted text endnew text begin a demonstration provider serving eligible
individuals in Hennepin County
new text end under section 256B.69 for the prepaid medical assistance
program by approximately $6,800,000 to recognize higher than average medical education
costs.

(d) Effective August 1, 2005, Hennepin County's payment under paragraphs (a)
and (b) shall be reduced to $566,000, and the University of Minnesota's payment under
paragraph (a) shall be reduced to zero. Effective October 1, 2008, to December 31, 2010,
Hennepin County's payment under paragraphs (a) and (b) shall be $434,688. Effective
January 1, 2011, Hennepin County's payment under paragraphs (a) and (b) shall be
$566,000.

(e) Notwithstanding paragraph (d), upon federal enactment of an extension to June
30, 2011, of the enhanced federal medical assistance percentage (FMAP) originally
provided under Public Law 111-5, for the six-month period from January 1, 2011, to June
30, 2011, Hennepin County's payment under paragraphs (a) and (b) shall be $434,688.

Sec. 15.

Minnesota Statutes 2010, section 256B.69, subdivision 5, is amended to read:


Subd. 5.

Prospective per capita payment.

The commissioner shall establish the
method and amount of payments for services. The commissioner shall annually contract
with demonstration providers to provide services consistent with these established
methods and amounts for payment.

If allowed by the commissioner, a demonstration provider may contract with
an insurer, health care provider, nonprofit health service plan corporation, or the
commissioner, to provide insurance or similar protection against the cost of care provided
by the demonstration provider or to provide coverage against the risks incurred by
demonstration providers under this section. The recipients enrolled with a demonstration
provider are a permissible group under group insurance laws and chapter 62C, the
Nonprofit Health Service Plan Corporations Act. Under this type of contract, the insurer
or corporation may make benefit payments to a demonstration provider for services
rendered or to be rendered to a recipient. Any insurer or nonprofit health service plan
corporation licensed to do business in this state is authorized to provide this insurance or
similar protection.

Payments to providers participating in the project are exempt from the requirements
of sections 256.966 and 256B.03, subdivision 2. The commissioner shall complete
development of capitation rates for payments before delivery of services under this section
is begun. For payments made during calendar year 1990 and later years, the commissioner
shall contract with an independent actuary to establish prepayment rates.

By January 15, 1996, the commissioner shall report to the legislature on the
methodology used to allocate to participating counties available administrative
reimbursement for advocacy and enrollment costs. The report shall reflect the
commissioner's judgment as to the adequacy of the funds made available and of the
methodology for equitable distribution of the funds. The commissioner must involve
participating counties in the development of the report.

Beginning July 1, 2004, the commissioner may include payments for elderly waiver
services and 180 days of nursing home care in capitation payments for the prepaid medical
assistance program for recipients age 65 and older. deleted text beginPayments for elderly waiver services
shall be made no earlier than the month following the month in which services were
received.
deleted text end

Sec. 16.

Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 28,
is amended to read:


Subd. 28.

Medicare special needs plans; medical assistance basic health
care.

(a) The commissioner may contract withnew text begin demonstration providers and current or
former sponsors of
new text end qualified Medicare-approved special needs plansnew text begin,new text end to provide medical
assistance basic health care services to persons with disabilities, including those with
developmental disabilities. Basic health care services include:

(1) those services covered by the medical assistance state plan except for ICF/MR
services, home and community-based waiver services, case management for persons with
developmental disabilities under section 256B.0625, subdivision 20a, and personal care
and certain home care services defined by the commissioner in consultation with the
stakeholder group established under paragraph (d); and

(2) basic health care services may also include risk for up to 100 days of nursing
facility services for persons who reside in a noninstitutional setting and home health
services related to rehabilitation as defined by the commissioner after consultation with
the stakeholder group.

The commissioner may exclude other medical assistance services from the basic
health care benefit set. Enrollees in these plans can access any excluded services on the
same basis as other medical assistance recipients who have not enrolled.

(b) Beginning January 1, 2007, the commissioner may contract withnew text begin demonstration
providers and current and former sponsors of
new text end qualified Medicare special needs plansnew text begin,new text end to
provide basic health care services under medical assistance to persons who are dually
eligible for both Medicare and Medicaid and those Social Security beneficiaries eligible
for Medicaid but in the waiting period for Medicare. The commissioner shall consult with
the stakeholder group under paragraph (d) in developing program specifications for these
services. The commissioner shall report to the chairs of the house of representatives and
senate committees with jurisdiction over health and human services policy and finance by
February 1, 2007, on implementation of these programs and the need for increased funding
for the ombudsman for managed care and other consumer assistance and protections
needed due to enrollment in managed care of persons with disabilities. Payment for
Medicaid services provided under this subdivision for the months of May and June will
be made no earlier than July 1 of the same calendar year.

(c) Notwithstanding subdivision 4, beginning January 1, 2012, the commissioner
shall enroll persons with disabilities in managed care under this section, unless the
individual chooses to opt out of enrollment. The commissioner shall establish enrollment
and opt out procedures consistent with applicable enrollment procedures under this
deleted text begin subdivisiondeleted text endnew text begin sectionnew text end.

(d) The commissioner shall establish a state-level stakeholder group to provide
advice on managed care programs for persons with disabilities, including both MnDHO
and contracts with special needs plans that provide basic health care services as described
in paragraphs (a) and (b). The stakeholder group shall provide advice on program
expansions under this subdivision and subdivision 23, including:

(1) implementation efforts;

(2) consumer protections; and

(3) program specifications such as quality assurance measures, data collection and
reporting, and evaluation of costs, quality, and results.

(e) Each plan under contract to provide medical assistance basic health care services
shall establish a local or regional stakeholder group, including representatives of the
counties covered by the plan, members, consumer advocates, and providers, for advice on
issues that arise in the local or regional area.

(f) The commissioner is prohibited from providing the names of potential enrollees
to health plans for marketing purposes. The commissioner shall mail no more than
two sets of marketing materials per contract year to potential enrollees on behalf of
health plans, at the health plan's request. The marketing materials shall be mailed by the
commissioner within 30 days of receipt of these materials from the health plan. The health
plans shall cover any costs incurred by the commissioner for mailing marketing materials.

Sec. 17.

Minnesota Statutes 2010, section 256L.05, subdivision 3, is amended to read:


Subd. 3.

Effective date of coverage.

(a) The effective date of coverage is the
first day of the month following the month in which eligibility is approved and the first
premium payment has been received. As provided in section 256B.057, coverage for
newborns is automatic from the date of birth and must be coordinated with other health
coverage. The effective date of coverage for eligible newly adoptive children added to a
family receiving covered health services is the month of placement. The effective date
of coverage for other new members added to the family is the first day of the month
following the month in which the change is reported. All eligibility criteria must be met
by the family at the time the new family member is added. The income of the new family
member is included with the family's gross income and the adjusted premium begins in
the month the new family member is added.

(b) The initial premium must be received by the last working day of the month for
coverage to begin the first day of the following month.

(c) Benefits are not available until the day following discharge if an enrollee is
hospitalized on the first day of coverage.

(d) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to
256L.18 are secondary to a plan of insurance or benefit program under which an eligible
person may have coverage and the commissioner shall use cost avoidance techniques to
ensure coordination of any other health coverage for eligible persons. The commissioner
shall identify eligible persons who may have coverage or benefits under other plans of
insurance or who become eligible for medical assistance.

new text begin (e) The effective date of coverage for individuals or families who are exempt from
paying premiums under section 256L.15, subdivision 1, paragraph (d), is the first day of
the month following the month in which verification of American Indian status is received
or eligibility is approved, whichever is later.
new text end

Sec. 18.

Minnesota Statutes 2011 Supplement, section 256L.15, subdivision 1, is
amended to read:


Subdivision 1.

Premium determination.

(a) Families with children and individuals
shall pay a premium determined according to subdivision 2.

(b) Pregnant women and children under age two are exempt from the provisions
of section 256L.06, subdivision 3, paragraph (b), clause (3), requiring disenrollment
for failure to pay premiums. For pregnant women, this exemption continues until the
first day of the month following the 60th day postpartum. Women who remain enrolled
during pregnancy or the postpartum period, despite nonpayment of premiums, shall be
disenrolled on the first of the month following the 60th day postpartum for the penalty
period that otherwise applies under section 256L.06, unless they begin paying premiums.

(c) Members of the military and their families who meet the eligibility criteria
for MinnesotaCare upon eligibility approval made within 24 months following the end
of the member's tour of active duty shall have their premiums paid by the commissioner.
The effective date of coverage for an individual or family who meets the criteria of this
paragraph shall be the first day of the month following the month in which eligibility is
approved. This exemption applies for 12 months.

new text begin (d) Beginning July 1, 2009, American Indians enrolled in MinnesotaCare and their
families shall have their premiums waived by the commissioner in accordance with
section 5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5.
An individual must document status as an American Indian, as defined under Code of
Federal Regulations, title 42, section 447.50, to qualify for the waiver of premiums.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2010, section 514.982, subdivision 1, is amended to read:


Subdivision 1.

Contents.

A medical assistance lien notice must be dated and
must contain:

(1) the full name, last known address, andnew text begin last four digits of thenew text end Social Security
number of the medical assistance recipient;

(2) a statement that medical assistance payments have been made to or for the
benefit of the medical assistance recipient named in the notice, specifying the first date
of eligibility for benefits;

(3) a statement that all interests in real property owned by the persons named in the
notice may be subject to or affected by the rights of the agency to be reimbursed for
medical assistance benefits; and

(4) the legal description of the real property upon which the lien attaches, and
whether the property is registered property.

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256.01, subdivision 18b, new text end new text begin is repealed.
new text end

ARTICLE 14

TECHNICAL

Section 1.

Minnesota Statutes 2010, section 144A.071, subdivision 5a, is amended to
read:


Subd. 5a.

Cost estimate of a moratorium exception project.

(a) For the
purposes of this section and section 144A.073, the cost estimate of a moratorium
exception project shall include the effects of the proposed project on the costs of the state
subsidy for community-based services, nursing services, and housing in institutional
and noninstitutional settings. The commissioner of health, in cooperation with the
commissioner of human services, shall define the method for estimating these costs in the
permanent rule implementing section 144A.073. The commissioner of human services
shall prepare an estimate of the total state annual long-term costs of each moratorium
exception proposal.

(b) The interest rate to be used for estimating the cost of each moratorium exception
project proposal shall be the lesser of either the prime rate plus two percentage points, or
the posted yield for standard conventional fixed rate mortgages of the Federal Home Loan
Mortgage Corporation plus two percentage points as published in the Wall Street Journal
and in effect 56 days prior to the application deadline. If the applicant's proposal uses this
interest rate, the commissioner of human services, in determining the facility's actual
property-related payment rate to be established upon completion of the project must use
the actual interest rate obtained by the facility for the project's permanent financing up to
the maximum permitted under deleted text beginsubdivision 6deleted text endnew text begin Minnesota Rules, part 9549.0060, subpart 6new text end.

The applicant may choose an alternate interest rate for estimating the project's cost.
If the applicant makes this election, the commissioner of human services, in determining
the facility's actual property-related payment rate to be established upon completion of the
project, must use the lesser of the actual interest rate obtained for the project's permanent
financing or the interest rate which was used to estimate the proposal's project cost. For
succeeding rate years, the applicant is at risk for financing costs in excess of the interest
rate selected.

Sec. 2. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, sections 256B.038, 256B.0911, 256B.0918, 256B.092,
256B.097, 256B.49, and 256B.765, the revisor of statutes shall delete the word "traumatic"
when it comes before the word "brain."
new text end

new text begin (b) In Minnesota Statutes, section 256B.093, subdivision 1, clauses (4) and (5), and
subdivision 3, clause (2), the revisor of statutes shall delete the word "traumatic" when it
comes before the word "brain."
new text end

new text begin (c) In Minnesota Statutes, sections 144.0724 and 144G.05, the revisor of statutes
shall delete "TBI" and replace it with "BI."
new text end

ARTICLE 15

DATA PRACTICES

Section 1.

Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:


Subd. 2.

General.

(a) Unless the data is summary data or a statute specifically
provides a different classification, data on individuals collected, maintained, used, or
disseminated by the welfare system is private data on individuals, and shall not be
disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare systemnew text begin and an investigator acting on behalf of a county,
the state, or the federal government
new text end, including a law enforcement persondeleted text begin,deleted text endnew text begin ornew text end attorneydeleted text begin, or
investigator acting for it
deleted text end in the investigation or prosecution of a criminal deleted text beginordeleted text endnew text begin,new text end civilnew text begin, or
administrative
new text end proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; assess
parental contribution amounts; and investigate suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and

(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1 (c);

(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal
law; or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official
duty;

(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7
;

(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section 145A.02, subdivision 2, when the commissioner or local board of health
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;

(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;

(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; or

(30) child support data on the parents and the child may be disclosed to agencies
administering programs under titles IV-B and IV-E of the Social Security Act, as provided
by federal law. Data may be disclosed only to the extent necessary for the purpose of
establishing parentage or for determining who has or may have parental rights with respect
to a child, which could be related to permanency planning.

(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

Sec. 2.

Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read:


Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of
services, licensees, and applicants that is collected, maintained, used, or disseminated
by the welfare system in an investigation, authorized by statute, and relating to the
enforcement of rules or law is confidential data on individuals pursuant to section 13.02,
subdivision 3
, or protected nonpublic data not on individuals pursuant to section 13.02,
subdivision 13
, and shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense; or

(4) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon
its submission to an administrative law judge or court in an administrative or judicial
proceeding. Inactive welfare investigative data shall be treated as provided in section
13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental
health and developmental disabilities upon the request of the ombudsman.

new text begin (c) Notwithstanding paragraph (a) and section 13.39, the existence of an
investigation by the commissioner of possible overpayments of public funds to a service
provider are public data during an investigation.
new text end

Sec. 3.

Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:


Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained, used, or disseminated by
the welfare system pertaining to persons licensed or registered or who apply for licensure
or registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and

(3) "personal and personal financial data" means Social Security numbers, identity
of and letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)new text begin(i) new text endExcept as provided in paragraph (c), the following data on applicants,
license holders, and former licensees are public: name, address, telephone number of
licensees, date of receipt of a completed application, dates of licensure, licensed capacity,
type of client preferred, variances granted, record of training and education in child care
and child development, type of dwelling, name and relationship of other family members,
previous license history, class of license, the existence and status of complaints, and the
number of serious injuries to or deaths of individuals in the licensed program as reported
to the commissioner of human services, the local social services agency, or any other
county welfare agency. For purposes of this clause, a serious injury is one that is treated
by a physician.

new text begin (ii) new text endWhen a correction order, an order to forfeit a fine, an order of license suspension,
an order of temporary immediate suspension, an order of license revocation, an order
of license denial, or an order of conditional license has been issued, or a complaint is
resolved, the following data on current and former licensees and applicants are public: the
substance and investigative findings of the licensing or maltreatment complaint, licensing
violation, or substantiated maltreatment; the record of informal resolution of a licensing
violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
conditional license contained in the record of licensing action; whether a fine has been
paid; and the status of any appeal of these actions. deleted text beginIf a licensing sanction under section
245A.07, or a license denial under section 245A.05, is based on a determination that the
license holder or applicant is responsible for maltreatment or is disqualified under chapter
245C, the identity of the license holder or applicant as the individual responsible for
maltreatment or as the disqualified individual is public data at the time of the issuance of
the licensing sanction or denial.
deleted text end

new text begin (iii) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that the license holder or applicant is responsible for
maltreatment under section 626.556 or 626.557, the identity of the applicant or license
holder as the individual responsible for maltreatment is public data at the time of the
issuance of the license denial or sanction.
new text end

new text begin (iv) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that the license holder or applicant is disqualified
under chapter 245C, the identity of the license holder or applicant as the disqualified
individual and the reason for the disqualification are public data at the time of the
issuance of the licensing sanction or denial. If the applicant or license holder requests
reconsideration of the disqualification and the disqualification is affirmed, the reason for
the disqualification and the reason to not set aside the disqualification are public data.
new text end

(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
when any person subject to disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
of maltreatment is public data. For purposes of this clause, a person is a substantiated
perpetrator if the maltreatment determination has been upheld under section 256.045;
626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or
facility has not timely exercised appeal rights under these sections, except as provided
under clause (1).

(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.

(4) For applicants who are denied a license, the following data are public: the name
and address of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, and the
status of any appeal of the denial.

(5) The following data on persons subject to disqualification under section 245C.14
in connection with a license to provide family day care for children, child care center
services, foster care for children in the provider's home, or foster care or day care
services for adults in the provider's home, are public: the nature of any disqualification
set aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside
the disqualification; the nature of any disqualification for which a variance was granted
under sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any
variance under section 245A.04, subdivision 9; and, if applicable, the disclosure that
any person subject to a background study under section 245C.03, subdivision 1, has
successfully passed a background study. If a licensing sanction under section 245A.07,
or a license denial under section 245A.05, is based on a determination that an individual
subject to disqualification under chapter 245C is disqualified, the disqualification as a
basis for the licensing sanction or denial is public data. As specified in clause (1), new text beginitem
(iv),
new text endif the disqualified individual is the license holder or applicant, the identity of the
license holder or applicant deleted text beginisdeleted text endnew text begin and the reason for the disqualification arenew text end public datanew text begin; and, if
the license holder or applicant requested reconsideration of the disqualification and the
disqualification is affirmed, the reason for the disqualification and the reason to not set
aside the disqualification are public data
new text end. If the disqualified individual is an individual
other than the license holder or applicant, the identity of the disqualified individual shall
remain private data.

(6) When maltreatment is substantiated under section 626.556 or 626.557 and the
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.

(7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision
12
, or nonpublic data under section 13.02, subdivision 9: personal and personal financial
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of a
contested matter. The names of reporters of complaints or alleged violations of licensing
standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
under sections 626.556 and 626.557, are confidential data and may be disclosed only as
provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section 626.556,
subdivision 2
, or 626.5572, subdivision 18, are subject to the destruction provisions of
sections 626.556, subdivision 11c, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the Department of Health
for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant
to section 241.021.

(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, deleted text beginanddeleted text end data on individuals collected by the commissioner of human services
according to deleted text beginmaltreatmentdeleted text end investigations under new text beginchapters 245A, 245B, and 245C, and
new text endsections 626.556 and 626.557deleted text begin,deleted text end may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the ombudsman for mental health
and developmental disabilities, and the individual's professional regulatory board when
there is reason to believe that laws or standards under the jurisdiction of those agencies
may have been violateddeleted text begin.deleted text endnew text begin or the information may otherwise be relevant to the board's
regulatory jurisdiction. Background study data on an individual who is the subject of a
background study under chapter 245C for a licensed service for which the commissioner
of human services is the license holder may be shared with the commissioner and the
commissioner's delegate by the licensing division.
new text end Unless otherwise specified in this
chapter, the identity of a reporter of alleged maltreatment or licensing violations may not
be disclosed.

(j) In addition to the notice of determinations required under section 626.556,
subdivision 10f
, if the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.

Sec. 4.

Minnesota Statutes 2010, section 13.82, subdivision 1, is amended to read:


Subdivision 1.

Application.

This section shall apply to agencies which carry on
a law enforcement function, including but not limited to municipal police departments,
county sheriff departments, fire departments, the Bureau of Criminal Apprehension,
the Minnesota State Patrol, the Board of Peace Officer Standards and Training, the
Department of Commerce, deleted text beginand the program integrity section of, anddeleted text end county human service
agency client and provider fraud new text begininvestigation, new text endpreventionnew text begin,new text end and control units operated or
supervised by the Department of Human Services.

ARTICLE 16

LICENSING

Section 1.

Minnesota Statutes 2010, section 245A.03, is amended by adding a
subdivision to read:


new text begin Subd. 2c. new text end

new text begin School-age child care licensing moratorium. new text end

new text begin A school-age program
whose sole purpose is to provide only services to school-age children during out-of-school
times is exempt from the human services licensing requirements in this chapter until July
1, 2014. Nothing in this section prohibits an already licensed school-age-only program
from continuing its license or a school-age program from seeking licensure.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to read:


Subdivision 1.

Application for licensure.

(a) An individual, corporation,
partnership, voluntary association, other organization or controlling individual that is
subject to licensure under section 245A.03 must apply for a license. The application
must be made on the forms and in the manner prescribed by the commissioner. The
commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within the state.

The commissioner shall act on the application within 90 working days after a
complete application and any required reports have been received from other state
agencies or departments, counties, municipalities, or other political subdivisions. The
commissioner shall not consider an application to be complete until the commissioner
receives all of the information required under section 245C.05.

new text begin When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially
deficient because the documents submitted do not meet licensing requirements, the
commissioner shall provide the applicant written notice that the application is incomplete
or substantially deficient. In the written notice to the applicant the commissioner shall
identify documents that are missing or deficient and give the applicant 45 days to resubmit
a second application that is substantially complete. An applicant's failure to submit a
substantially complete application after receiving notice from the commissioner is a basis
for license denial under section 245A.05.
new text end

(b) An application for licensure must deleted text beginspecify one or moredeleted text endnew text begin identify allnew text end controlling
individuals deleted text beginasdeleted text endnew text begin and must specifynew text end an agent who is responsible for dealing with the
commissioner of human services on all matters provided for in this chapter and on whom
service of all notices and orders must be made. The agent must be authorized to accept
service on behalf of all of the controlling individuals of the program. Service on the agent
is service on all of the controlling individuals of the program. It is not a defense to any
action arising under this chapter that service was not made on each controlling individual
of the program. The designation of one or more controlling individuals as agents under
this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under
the influence of a chemical that impairs the individual's ability to provide services or
care. The license holder must train employees, subcontractors, and volunteers about the
program's drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that
permits persons served by the program and their authorized representatives to bring a
grievance to the highest level of authority in the program.

new text begin (e) The applicant must be able to demonstrate competent knowledge of the
applicable requirements of this chapter and chapter 245C, and the requirements of
other licensing statutes and rules applicable to the program or services for which the
applicant is seeking to be licensed. Effective January 1, 2013, the commissioner may
require the applicant, except for child foster care, to demonstrate competence in the
applicable licensing requirements by successfully completing a written examination. The
commissioner may develop a prescribed written examination format.
new text end

new text begin (f) When an applicant is an individual, the individual must provide the applicant's
Social Security number and a notarized signature of the applicant.
new text end

new text begin (g) When an applicant is a nonindividual, the applicant must provide the applicant's
Minnesota tax identification number, the first, middle, and last name, and address for
all individuals who will be controlling individuals, including all officers, owners, and
managerial officials as defined in section 245A.02, subdivision 5a, and the date that the
background study was initiated by the applicant for each controlling individual. The
applicant must also provide the first, middle, and last name, mailing address, and notarized
signature of the agent authorized by the applicant to accept service on behalf of the
controlling individuals.
new text end

Sec. 3.

Minnesota Statutes 2010, section 245A.04, subdivision 7, is amended to read:


Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines
that the program complies with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the
program; and

(6) any special conditions of licensure.

(b) The commissioner may issue an initial license for a period not to exceed two
years if:

(1) the commissioner is unable to conduct the evaluation or observation required
by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet
operational;

(2) certain records and documents are not available because persons are not yet
receiving services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any
person or persons will be placed or cared for in the licensed program. A license shall not
be transferable to another individual, corporation, partnership, voluntary association, other
organization, or controlling individual or to another location.

(d) A license holder must notify the commissioner and obtain the commissioner's
approval before making any changes that would alter the license information listed under
paragraph (a).

(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or
reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has
been granted;

(2) deleted text beginhasdeleted text end been denied a license within the past two years;

(3) had a license revoked within the past five years; deleted text beginor
deleted text end

(4) deleted text beginhasdeleted text end an outstanding debt related to a license fee, licensing fine, or settlement
agreement for which payment is delinquentdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) failed to submit the information required of an applicant under section 245A.04,
subdivision 1, paragraph (f) or (g), after being requested by the commissioner.
new text end

When a license is revoked under clause (1) or (3), the license holder and controlling
individual may not hold any license under chapter 245A or 245B for five years following
the revocation, and other licenses held by the applicant, license holder, or controlling
individual shall also be revoked.

(f) The commissioner shall not issue or reissue a license if an individual living in
the household where the licensed services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set
aside and no variance has been granted.

(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has
been suspended or revoked and the suspension or revocation is under appeal, the program
may continue to operate pending a final order from the commissioner. If the license under
suspension or revocation will expire before a final order is issued, a temporary provisional
license may be issued provided any applicable license fee is paid before the temporary
provisional license is issued.

(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification
of a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.

(i) For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

(j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the
day after the expiration date stated on the license. A license holder must apply for and
be granted a new license to operate the program or the program must not be operated
after the expiration date.

(k) The commissioner shall not issue or reissue a license if it has been determined that
a tribal licensing authority has established jurisdiction to license the program or service.

Sec. 4.

Minnesota Statutes 2010, section 245A.04, subdivision 11, is amended to read:


Subd. 11.

Education program; permitted ages, additional requirement.

(a) deleted text beginThe
education program offered in a residential or nonresidential program, except for child care,
foster care, or services for adults, must be approved by the commissioner of education
before the commissioner of human services may grant a license to the program.
deleted text endnew text begin Except for
foster care, the commissioner of human services may not grant a license to a residential
facility for the placement of children before the commissioner has received documentation
of approval of the educational program from the commissioner of education according to
section 125A.515.
new text end

deleted text begin (b) A residential program licensed by the commissioner of human services under
Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons through the age of
19 when:
deleted text end

deleted text begin (1) the admission or continued stay is necessary for a person to complete a secondary
deleted text end deleted text begin school program or its equivalent, or it is necessary to facilitate a transition period after
deleted text end deleted text begin completing the secondary school program or its equivalent for up to four months in order
deleted text end deleted text begin for the resident to obtain other living arrangements;
deleted text end

deleted text begin (2) the facility develops policies, procedures, and plans required under section
deleted text end deleted text begin ;
deleted text end

deleted text begin (3) the facility documents an assessment of the 18- or 19-year-old person's risk
deleted text end deleted text begin of victimizing children residing in the facility, and develops necessary risk reduction
deleted text end deleted text begin measures, including sleeping arrangements, to minimize any risk of harm to children; and
deleted text end

deleted text begin (4) notwithstanding the license holder's target population age range, whenever
deleted text end deleted text begin persons age 18 or 19 years old are receiving residential services, the age difference among
deleted text end deleted text begin residents may not exceed five years.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end A deleted text beginchild foster caredeleted text end program licensed by the commissioner under Minnesota
Rules, chapter 2960, may serve persons who are over the age of 18 but under the age
of 21 when the person is:

(1) completing secondary education or a program leading to an equivalent credential;

(2) enrolled in an institution which provides postsecondary or vocational education;

(3) participating in a program or activity designed to promote, or remove barriers to,
employment;

(4) employed for at least 80 hours per month; or

(5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition, which incapability is supported by regularly updated information in the
case plan of the person.

new text begin (c) In addition to the requirements in paragraph (b), a residential program licensed
by the commissioner of human services under Minnesota Rules, parts 2960.0010 to
2960.0710, may serve persons under the age of 21 provided the facility complies with the
following requirements:
new text end

new text begin (1) for each person age 18 and older served at the program, the program must assess
and document the person's risk of victimizing other residents residing in the facility, and
based on the assessment, the facility must develop and implement necessary measures
to minimize any risk of harm to other residents, including making arrangements for
appropriate sleeping arrangements; and
new text end

new text begin (2) the program must assure that the services and living arrangements provided to all
residents are suitable to the age and functioning of the residents, including separation of
services, staff supervision, and other program operations as appropriate.
new text end

(d) Nothing in this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end precludes the license holder from seeking
other variances under subdivision 9.

Sec. 5.

Minnesota Statutes 2010, section 245A.04, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Program policy; reporting a death in the program. new text end

new text begin Unless such
reporting is otherwise already required under statute or rule, programs licensed under this
chapter must have a written policy for reporting the death of an individual served by the
program to the commissioner of human services. Within 24 hours of receiving knowledge
of the death of an individual served by the program, the license holder shall notify the
commissioner of the death. If the license holder has reason to know that the death has
been reported to the commissioner, a subsequent report is not required.
new text end

Sec. 6.

Minnesota Statutes 2010, section 245A.05, is amended to read:


245A.05 DENIAL OF APPLICATION.

(a) The commissioner may deny a license if an applicant or controlling individual:

new text begin (1) fails to submit a substantially complete application after receiving notice from
the commissioner under section 245A.04, subdivision 1;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end fails to comply with applicable laws or rules;

deleted text begin (2)deleted text endnew text begin (3)new text end knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;

deleted text begin (3)deleted text endnew text begin (4)new text end has a disqualification that has not been set aside under section 245C.22
and no variance has been granted;

deleted text begin (4)deleted text endnew text begin (5)new text end has an individual living in the household who received a background study
under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification
that has not been set aside under section 245C.22, and no variance has been granted; deleted text beginor
deleted text end

deleted text begin (5)deleted text endnew text begin (6)new text end is associated with an individual who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised
access to children or vulnerable adults, and who has a disqualification that has not been set
aside under section 245C.22, and no variance has been granteddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g).
new text end

(b) An applicant whose application has been denied by the commissioner must be
given notice of the denial. Notice must be given by certified mail or personal service.
The notice must state the reasons the application was denied and must inform the
applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
commissioner in writing by certified mail or personal service. If mailed, the appeal must
be postmarked and sent to the commissioner within 20 calendar days after the applicant
received the notice of denial. If an appeal request is made by personal service, it must
be received by the commissioner within 20 calendar days after the applicant received the
notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's
denial of an application.

Sec. 7.

Minnesota Statutes 2010, section 245A.07, subdivision 3, is amended to read:


Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine ifnew text begin:
new text end

new text begin (1)new text end a license holder fails to comply fully with applicable laws or rulesdeleted text begin, ifdeleted text endnew text begin;
new text end

new text begin (2)new text end a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
a disqualification which has not been set aside under section 245C.22deleted text begin, or ifdeleted text endnew text begin;new text end

new text begin (3) new text enda license holder knowingly withholds relevant information from or gives false
or misleading information to the commissioner in connection with an application for
a license, in connection with the background study status of an individual, during an
investigation, or regarding compliance with applicable laws or rulesdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) after July 1, 2012, and upon request by the commissioner, a license holder fails
to submit the information required of an applicant under section 245A.04, subdivision 1,
paragraph (f) or (g).
new text end

A license holder who has had a license suspended, revoked, or has been ordered
to pay a fine must be given notice of the action by certified mail or personal service. If
mailed, the notice must be mailed to the address shown on the application or the last
known address of the license holder. The notice must state the reasons the license was
suspended, revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received
the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits
a timely appeal of an order suspending or revoking a license, the license holder may
continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs
(g) and (h), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
each determination of maltreatment of a child under section 626.556 or the maltreatment
of a vulnerable adult under section 626.557 for which the license holder is determined
responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to comply with background study requirements under chapter 245C; and the license
holder shall forfeit $100 for each occurrence of a violation of law or rule other than those
subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means
each violation identified in the commissioner's fine order. Fines assessed against a license
holder that holds a license to provide the residential-based habilitation services, as defined
under section 245B.02, subdivision 20, and a license to provide foster care, may be
assessed against both licenses for the same occurrence, but the combined amount of the
fines shall not exceed the amount specified in this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

new text begin (d) Except for background study violations involving the failure to comply with an
order to immediately remove an individual or an order to provide continuous, direct
supervision, the commissioner shall not issue a fine under paragraph (c) relating to a
background study violation to a license holder who self-corrects a background study
violation before the commissioner discovers the violation. A license holder who has
previously exercised the provisions of this paragraph to avoid a fine for a background
study violation may not avoid a fine for a subsequent background study violation unless at
least 365 days have passed since the license holder self-corrected the earlier background
study violation.
new text end

Sec. 8.

Minnesota Statutes 2010, section 245A.14, subdivision 11, is amended to read:


Subd. 11.

Swimming pools; family day care and group family day care
providers.

(a) This subdivision governs swimming pools located at family day care
or group family day care homes licensed under Minnesota Rules, chapter 9502. This
subdivision does not apply to portable wading pools or whirlpools located at family day
care or group family day care homes licensed under Minnesota Rules, chapter 9502. For a
provider to be eligible to allow a child cared for at the family day care or group family day
care home to use the swimming pool located at the home, the provider must not have had
a licensing sanction under section 245A.07 or a correction order or conditional license
under section 245A.06 relating to the supervision or health and safety of children during
the prior 24 months, and must satisfy the following requirements:

(1) notify the county agency before initial use of the swimming pool and annually,
thereafter;

(2) obtain written consent from a child's parent or legal guardian allowing the child
to use the swimming pool and renew the parent or legal guardian's written consent at least
annually. The written consent must include a statement that the parent or legal guardian
has received and read materials provided by the Department of Health to the Department
of Human Services for distribution to all family day care or group family day care homes
and the general public on the human services Internet Web site related to the risk of disease
transmission as well as other health risks associated with swimming pools. The written
consent must also include a statement that the Department of Health, Department of
Human Services, and county agency will not monitor or inspect the provider's swimming
pool to ensure compliance with the requirements in this subdivision;

(3) enter into a written contract with a child's parent or legal guardian and renew the
written contract annually. The terms of the written contract must specify that the provider
agrees to perform all of the requirements in this subdivision;

(4) attend and successfully complete a swimming pool operator training course once
every five years. Acceptable training courses are:

(i) the National Swimming Pool Foundation Certified Pool Operator course;

(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or

(iii) the National Recreation and Park Association Aquatic Facility Operator course;

(5) require a caregiver trained in first aid and adult and child cardiopulmonary
resuscitation to supervise and be present at the swimming pool with any children in the
pool;

(6) toilet all potty-trained children before they enter the swimming pool;

(7) require all children who are not potty-trained to wear swim diapers while in
the swimming pool;

(8) if fecal material enters the swimming pool water, add three times the normal
shock treatment to the pool water to raise the chlorine level to at least 20 parts per million,
and close the pool to swimming for the 24 hours following the entrance of fecal material
into the water or until the water pH and disinfectant concentration levels have returned to
the standards specified in clause (10), whichever is later;

(9) prevent any person from entering the swimming pool who has an open wound or
any person who has or is suspected of having a communicable disease;

(10) maintain the swimming pool water at a pH of not less than 7.2 and not more
than 8.0, maintain the disinfectant concentration between two and five parts per million for
chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record
of the swimming pool's operation with pH and disinfectant concentration readings on days
when children cared for at the family day care or group family day care home are present;

(11) have a disinfectant feeder or feeders;

(12) have a recirculation system that will clarify and disinfect the swimming pool
volume of water in ten hours or less;

(13) maintain the swimming pool's water clarity so that an object on the pool floor at
the pool's deepest point is easily visible;

(14) deleted text beginhave two or more suction lines in the swimming pooldeleted text endnew text begin comply with the provisions
of the Abigail Taylor Pool Safety Act in section 144.1222, subdivisions 1c and 1d
new text end;

(15) have in place and enforce written safety rules and swimming pool policies;

(16) have in place at all times a safety rope that divides the shallow and deep
portions of the swimming pool;

(17) satisfy any existing local ordinances regarding swimming pool installation,
decks, and fencing;

(18) maintain a water temperature of not more than 104 degrees Fahrenheit and
not less than 70 degrees Fahrenheit; and

(19) for lifesaving equipment, have a United States Coast Guard-approved life
ring attached to a rope, an exit ladder, and a shepherd's hook available at all times to the
caregiver supervising the swimming pool.

The requirements of clauses (5), (16), and (18) only apply at times when children
cared for at the family day care or group family day care home are present.

(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under
section 245A.07 or a correction order or conditional license under section 245A.06.

(c) If a provider under this subdivision receives a licensing sanction under section
245A.07 or a correction order or a conditional license under section 245A.06 relating to
the supervision or health and safety of children, the provider is prohibited from allowing a
child cared for at the family day care or group family day care home to continue to use
the swimming pool located at the home.

Sec. 9.

Minnesota Statutes 2010, section 245A.146, subdivision 2, is amended to read:


Subd. 2.

Documentation requirement for license holders.

(a) deleted text beginEffective January
1, 2006,
deleted text end All licensed child care providersnew text begin, children's residential facilities, chemical
dependency treatment programs with children in care, and residential habilitation
programs serving children with developmental disabilities
new text end must maintain the following
documentation for every crib used by or that is accessible to any child in care:

(1) the crib's brand name; and

(2) the crib's model number.

(b) Any crib for which the license holder does not have the documentation required
under paragraph (a) must not be used by or be accessible to children in care.

new text begin (c) Effective December 28, 2012, the licensed program must maintain documentation
that meets federal documentation requirements to show that every full-size and
non-full-size crib that is used by or is accessible to any child in care is compliant with
federal crib standards under Code of Federal Regulations, title 16, part 1219, for full-size
baby cribs, or Code of Federal Regulations, title 16, part 1220, for non-full-size baby cribs.
new text end

Sec. 10.

Minnesota Statutes 2010, section 245A.146, subdivision 3, is amended to read:


Subd. 3.

License holder documentation of cribs.

(a) Annually, from the date
printed on the license, all license holders shall check all their cribs' brand names and
model numbers against the United States Consumer Product Safety Commission Web
site listing of unsafe cribs.

(b) The license holder shall maintain written documentation to be reviewed on site
for each crib showing that the review required in paragraph (a) has been completed, and
which of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product
Safety Commission Web site;

(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be
maintained by the license holder on site and made available to parents new text beginor guardians new text endof
children in care and the commissioner.

(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider
that complies with this section may use a mesh-sided playpen or crib that has not been
identified as unsafe on the United States Consumer Product Safety Commission Web site
for the care or sleeping of infants.

Sec. 11.

Minnesota Statutes 2010, section 245A.18, subdivision 1, is amended to read:


Subdivision 1.

Seat belt new text beginand child passenger restraint system new text enduse.

new text beginWhen a child
is transported,
new text enda license holder must comply with all seat belt and child passenger restraint
system requirements under deleted text beginsectiondeleted text endnew text begin sectionsnew text end 169.685new text begin and 169.686new text end.

Sec. 12.

new text begin [245A.191] PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE
CHEMICAL DEPENDENCY CONSOLIDATED TREATMENT FUND.
new text end

new text begin (a) When a chemical dependency treatment provider licensed under Minnesota
Rules, parts 2960.0430 to 2960.0490 or 9530.6405 to 9530.6505, agrees to meet the
applicable requirements under section 254B.05, subdivision 5, paragraphs (b), clauses
(1) to (4) and (6), (c), and (d), to be eligible for enhanced funding from the chemical
dependency consolidated treatment fund, the applicable requirements under section
254B.05 are also licensing requirements that may be monitored for compliance through
licensing investigations and licensing inspections.
new text end

new text begin (b) Noncompliance with the requirements identified under paragraph (a) may
result in:
new text end

new text begin (1) a correction order or a conditional license under section 245A.06, or sanctions
under section 245A.07;
new text end

new text begin (2) nonpayment of claims submitted by the license holder for public program
reimbursement;
new text end

new text begin (3) recovery of payments made for the service;
new text end

new text begin (4) disenrollment in the public payment program; or
new text end

new text begin (5) other administrative, civil, or criminal penalties as provided by law.
new text end

Sec. 13.

Minnesota Statutes 2010, section 245A.22, subdivision 2, is amended to read:


Subd. 2.

Admission.

(a) The license holder shall accept as clients in the independent
living assistance program only youth ages 16 to 21 who are in out-of-home placement,
leaving out-of-home placement, at risk of becoming homeless, or homeless.

(b) Youth who have current drug or alcohol problems, a recent history of violent
behaviors, or a mental health disorder or issue that is not being resolved through
counseling or treatment are not eligible to receive the services described in subdivision 1.

(c) Youth who are not employed, participating in employment training, or enrolled
in an academic program are not eligible to receive transitional housing or independent
living assistance.

new text begin (d) The commissioner may grant a variance under section 245A.04, subdivision 9,
to requirements in this section.
new text end

Sec. 14.

Minnesota Statutes 2010, section 245A.66, subdivision 2, is amended to read:


Subd. 2.

Child care centers; risk reduction plan.

(a) Child care centers licensed
under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan
that deleted text beginassessesdeleted text endnew text begin identifiesnew text end the general risks to children served by the child care center. The
license holder must establish procedures to minimize identified risks, train staff on the
procedures, and annually review the procedures.

(b) The risk reduction plan must include an assessment of risk to children the
center serves or intends to serve new text beginand identify specific risks based on the outcome of the
assessment. The assessment of risk must be
new text endbased on the following:

(1) deleted text beginan assessment of the risk presented by the vulnerability of the children served,
including an evaluation of the following factors: age, developmental functioning, and the
physical and emotional health of children the program serves or intends to serve;
deleted text end

deleted text begin (2)deleted text end an assessment of the risks presented by the physical plant where the licensed
services are provided, including an evaluation of the following factors: the condition and
design of the facility and its outdoor space, bathrooms, storage areas, and accessibility
of medications and cleaning products that are harmful to children when children are not
superviseddeleted text begin, doors where finger pinching may occur,deleted text end and the existence of areas that are
difficult to supervise; and

deleted text begin (3)deleted text endnew text begin (2)new text end an assessment of the risks presented by the environment for each facility and
for each site, including an evaluation of the following factors: the type of grounds and
terrain surrounding the building and the proximity to hazards, busy roads, and publicly
accessed businesses.

(c) The risk reduction plan must include a statement of measures that will be
taken to minimize the risk of harm presented to childrennew text begin for each risk identified in the
assessment required under paragraph (b) related to the physical plant and environment
new text end. At
a minimum, the deleted text beginrisk reduction plandeleted text endnew text begin stated measuresnew text end must deleted text beginaddress the following:deleted text endnew text begin include
new text end

deleted text begin (1) a general description of supervision, programming, anddeleted text endnew text begin the development and
implementation of specific policies and procedures or
new text end reference to deleted text beginthedeleted text endnew text begin existingnew text end policies
and procedures deleted text begindeveloped and implemented to addressdeleted text endnew text begin that minimizenew text end the risks identified
deleted text begin in the assessment required under paragraph (b) related to the general population served,
the physical plant, and environment;
deleted text endnew text begin.
new text end

deleted text begin (2)deleted text endnew text begin (d)new text end In addition to any program-specific risks identified in paragraph (b), the plan
must include new text begindevelopment and implementation of specific policies and procedures new text endor refer
to new text beginexisting new text endpolicies and procedures deleted text begindeveloped and implemented todeleted text endnew text begin thatnew text end minimize the risk
of harm or injury to children, including:

deleted text begin (i)deleted text end new text begin(1) new text endclosing children's fingers in doors, including cabinet doors;

deleted text begin (ii)deleted text end new text begin(2) new text endleaving children in the community without supervision;

deleted text begin (iii)deleted text end new text begin(3) new text endchildren leaving the facility without supervision;

deleted text begin (iv)deleted text end new text begin(4) new text endcaregiver dislocation of children's elbows;

deleted text begin (v)deleted text end new text begin(5) new text endburns from hot food or beverages, whether served to children or being
consumed by caregivers, and the devices used to warm food and beverages;

deleted text begin (vi)deleted text end new text begin(6) new text endinjuries from equipment, such as scissors and glue guns;

deleted text begin (vii)deleted text end new text begin(7) new text endsunburn;

deleted text begin (viii)deleted text end new text begin(8) new text endfeeding children foods to which they are allergic;

deleted text begin (ix)deleted text endnew text begin (9)new text end children falling from changing tables; and

deleted text begin (x)deleted text endnew text begin (10) new text end children accessing dangerous items or chemicals or coming into contact
with residue from harmful cleaning productsdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text endnew text begin (e)new text end The plan shall prohibit the accessibility of hazardous items to children.

new text begin (f) The plan must include specific policies and procedures to ensure adequate
supervision of children at all times as defined under section 245A.02, subdivision 18, with
particular emphasis on:
new text end

new text begin (1) times when children are transitioned from one area within the facility to another;
new text end

new text begin (2) nap-time supervision, including infant crib rooms as specified under section
245A.02, subdivision 18, which requires that when an infant is placed in a crib to sleep,
supervision occurs when a staff person is within sight or hearing of the infant. When
supervision of a crib room is provided by sight or hearing, the center must have a plan to
address the other supervision components;
new text end

new text begin (3) child drop-off and pick-up times;
new text end

new text begin (4) supervision during outdoor play and on community activities, including but not
limited to field trips and neighborhood walks; and
new text end

new text begin (5) supervision of children in hallways.
new text end

Sec. 15.

Minnesota Statutes 2010, section 245A.66, subdivision 3, is amended to read:


Subd. 3.

Orientation to risk reduction plan and annual review of plan.

(a) The
license holder shall ensure that all mandated reporters, as defined in section 626.556,
subdivision 3, who are under the control of the license holder, receive an orientation to
the risk reduction plan prior to first providing unsupervised direct contact services, as
defined in section 245C.02, subdivision 11, to children, not to exceed 14 days from the
first supervised direct contact, and annually thereafter.new text begin The license holder must document
the orientation to the risk reduction plan in the mandated reporter's personnel records.
new text end

(b) The license holder must review the risk reduction plan annuallynew text begin and document
the annual review
new text end. When conducting the review, the license holder must consider incidents
that have occurred in the center since the last review, including:

(1) the assessment factors in the plan;

(2) the internal reviews conducted under this section, if any;

(3) substantiated maltreatment findings, if any; and

(4) incidents that caused injury or harm to a child, if any, that occurred since the
last review.

Following any change to the risk reduction plan, the license holder must inform mandated
reporters, under the control of the license holder, of the changes in the risk reduction plannew text begin,
and document that the mandated reporters were informed of the changes
new text end.

Sec. 16.

Minnesota Statutes 2010, section 245C.03, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be providednew text begin who is not receiving licensed services from the programnew text end;

(3) current or prospective employees or contractors of the applicant who will have
direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous,
direct supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services
will be provided when the commissioner has reasonable cause;

(6) an individual who, without providing direct contact services at a licensed
program, may have unsupervised access to children or vulnerable adults receiving services
from a program, when the commissioner has reasonable cause; and

(7) all managerial officials as defined under section 245A.02, subdivision 5a.

(b) For family child foster care settings, a short-term substitute caregiver providing
direct contact services for a child for less than 72 hours of continuous care is not required
to receive a background study under this chapter.

Sec. 17.

Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1
, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required
to be studied under section 245C.03, subdivision 1, at reapplication for a license for
family child care.

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03, at the
time of reapplication for a child foster care license. The county or private agency shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (5), 3, and 4.

(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
paragraph (c), the commissioner shall conduct a study of an individual required to
be studied under section 245C.03 at the time of reapplication for an adult foster care
or family adult day services license: (1) the county shall collect and forward to the
commissioner the information required under section 245C.05, subdivision 1, paragraphs
(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
by the commissioner for all family adult day services and for adult foster care when
the adult foster care license holder resides in the adult foster care or family adult day
services residence; (2) the license holder shall collect and forward to the commissioner
the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
adult foster care when the license holder does not reside in the adult foster care residence;
and (3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.

(g) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with an adult foster care or family adult day services license holder: (1) the
county shall collect and forward to the commissioner the information required under
section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
and (b), for background studies conducted by the commissioner for all family adult day
services and for adult foster care when the adult foster care license holder resides in
the adult foster care residence; (2) the license holder shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1, paragraphs
(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
commissioner for adult foster care when the license holder does not reside in the adult
foster care residence; and (3) the background study conducted by the commissioner under
this paragraph must include a review of the information required under section 245C.08,
subdivision 1
, paragraph (a), and subdivisions 3 and 4.

(h) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

(i) A license holder must deleted text beginprovide the commissioner noticedeleted text endnew text begin initiate a new background
study
new text end through the commissioner's online background study system deleted text beginor through a letter
mailed to the commissioner
deleted text end when:

(1) an individual returns to a position requiring a background study following an
absence of deleted text begin45deleted text endnew text begin 90new text end or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for deleted text begin45deleted text endnew text begin 90new text end
or more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to
the commissioner under this paragraph in the program's files.new text begin If the individual's
disqualification was previously set aside for the license holder's program and the new
background study results in no new information that indicates the individual may pose a
risk of harm to persons receiving services from the license holder, the previous set-aside
shall remain in effect.
new text end

(j) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

new text begin (k) For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.
new text end

Sec. 18.

Minnesota Statutes 2010, section 245C.05, subdivision 2, is amended to read:


Subd. 2.

Applicant, license holder, or other entity.

The applicant, license holder,
or other entities as provided in this chapter shall deleted text beginprovidedeleted text endnew text begin verify thatnew text end the information
collected under subdivision 1 about an individual who is the subject of the background
study new text beginis correct and must provide the information new text endon forms or in a format prescribed by
the commissioner.

Sec. 19.

Minnesota Statutes 2010, section 245C.05, is amended by adding a
subdivision to read:


new text begin Subd. 2c. new text end

new text begin Privacy notice to background study subject. new text end

new text begin (a) For every background
study, the commissioner's notice to the background study subject required under
section 13.04, subdivision 2, that is provided through the commissioner's electronic
NETStudy system or through the commissioner's background study forms shall include
the information in paragraph (b).
new text end

new text begin (b) The background study subject shall be informed that any previous background
studies that received a set-aside will be reviewed, and without further contact with the
background study subject, the commissioner may notify the agency that initiated the
subsequent background study:
new text end

new text begin (1) that the individual has a disqualification that has been set aside for the program
or agency that initiated the study;
new text end

new text begin (2) the reason for the disqualification; and
new text end

new text begin (3) information about the decision to set aside the disqualification will be available
to the license holder upon request without the consent of the background study subject.
new text end

Sec. 20.

Minnesota Statutes 2010, section 245C.05, subdivision 4, is amended to read:


Subd. 4.

Electronic transmission.

new text begin(a) new text endFor background studies conducted by the
Department of Human Services, the commissioner shall implement a system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder;

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; and

(4) background study results to county agencies for background studies conducted
by the commissioner for adult foster care and family adult day services.

new text begin (b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy to submit all requests for background studies to the commissioner as required
by this chapter.
new text end

new text begin (c) A license holder or applicant whose program is located in an area in which
high-speed Internet is inaccessible may request the commissioner to grant a variance to
the electronic transmission requirement.
new text end

Sec. 21.

Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:


Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual deleted text beginisdeleted text end:

(1) new text beginhas been new text endaffiliated with a program or facility regulated by the Department of
Human Services or Department of Health, a facility serving children or youth licensed by
the Department of Corrections, or any type of home care agency or provider of personal
care assistance servicesnew text begin within the preceding yearnew text end; and

(2) new text beginhas been new text endconvicted of a crime constituting a disqualification under section
245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes will be reported to the commissioner by the
corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to family child care programs.

Sec. 22.

Minnesota Statutes 2010, section 245C.07, is amended to read:


245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) deleted text beginExcept for child foster care and adoption agencies,deleted text endnew text begin Subject to the conditions in
paragraph (d),
new text end when a license holder, applicant, or other entity owns multiple programs or
services that are licensed by the Department of Human Services, Department of Health, or
Department of Corrections, only one background study is required for an individual who
provides direct contact services in one or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone
number as the person to receive sensitive background study information for the multiple
licensed programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information
is capable of determining, upon request of the department, whether a background study
subject is providing direct contact services in one or more of the license holder's programs
or services and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple
licensed programs according to paragraph (a), and one or more of the licensed programs
closes, the license holder shall immediately notify the commissioner which staff must be
transferred to an active license so that the background studies can be electronically paired
with the license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also registered under chapter 144D, a study subject affiliated
with multiple licensed programs or services may attach to the background study form a
cover letter indicating the additional names of the programs or services, addresses, and
background study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each
program or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies
shall satisfy those programs' or services' responsibilities for initiating a background study
on that individual.

new text begin (d) If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.
new text end

new text begin (e) The provisions of this section that allow a single background study in one
or more licensed programs or services do not apply to background studies submitted
by adoption agencies, supplemental nursing services agencies, personnel agencies,
educational programs, professional services agencies, and unlicensed personal care
provider organizations.
new text end

Sec. 23.

Minnesota Statutes 2010, section 245C.16, subdivision 1, is amended to read:


Subdivision 1.

Determining immediate risk of harm.

(a) If the commissioner
determines that the individual studied has a disqualifying characteristic, the commissioner
shall review the information immediately available and make a determination as to the
subject's immediate risk of harm to persons served by the program where the individual
studied will have direct contact with, or access to, people receiving services.

(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:

(1) the recency of the disqualifying characteristic;

(2) the recency of discharge from probation for the crimes;

(3) the number of disqualifying characteristics;

(4) the intrusiveness or violence of the disqualifying characteristic;

(5) the vulnerability of the victim involved in the disqualifying characteristic;

(6) the similarity of the victim to the persons served by the program where the
individual studied will have direct contact;

(7) whether the individual has a disqualification from a previous background study
that has not been set aside; and

(8) if the individual has a disqualification which may not be set aside because it is
a permanent bar under section 245C.24, subdivision 1, the commissioner may order the
immediate removal of the individual from any position allowing direct contact with, or
access to, persons receiving services from the program.

(c) This section does not apply when the subject of a background study is regulated
by a health-related licensing board as defined in chapter 214, and the subject is determined
to be responsible for substantiated maltreatment under section 626.556 or 626.557.

(d) This section does not apply to a background study related to an initial application
for a child foster care license.

new text begin (e) This section does not apply to a background study that is also subject to the
requirements under section 256B.0659, subdivisions 11 and 13, for a personal care
assistant or a qualified professional as defined in section 256B.0659, subdivision 1.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end If the commissioner has reason to believe, based on arrest information or an
active maltreatment investigation, that an individual poses an imminent risk of harm to
persons receiving services, the commissioner may order that the person be continuously
supervised or immediately removed pending the conclusion of the maltreatment
investigation or criminal proceedings.

Sec. 24.

Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:


Subd. 2.

Disqualification notice sent to subject.

(a) If the information in the study
indicates the individual is disqualified from direct contact with, or from access to, persons
served by the program, the commissioner shall disclose to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the disqualification;

(3) an explanation of any restrictions on the commissioner's discretion to set aside
the disqualification under section 245C.24, when applicable to the individual;

new text begin (4) a statement that, if the individual's disqualification is set aside under section
245C.22, the applicant, license holder, or other entity that initiated the background study
will be provided with the reason for the individual's disqualification and an explanation
that the factors under section 245C.22, subdivision 4, which were the basis of the decision
to set aside the disqualification shall be made available to the license holder upon request
without the consent of the subject of the background study;
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end a statement indicating that if the individual's disqualification is set aside or
the facility is granted a variance under section 245C.30, the individual's identity and the
reason for the individual's disqualification will become public data under section 245C.22,
subdivision 7
, when applicable to the individual; deleted text beginand
deleted text end

new text begin (6) a statement that when a subsequent background study is initiated on the
individual following a set-aside of the individual's disqualification, and the commissioner
makes a determination under section 245C.22, subdivision 5, paragraph (b), that the
previous set-aside applies to the subsequent background study, the applicant, license
holder, or other entity that initiated the background study will be informed in the notice
under section 245C.22, subdivision 5, paragraph (c):
new text end

new text begin (i) of the reason for the individual's disqualification;
new text end

new text begin (ii) that the individual's disqualification is set aside for that program or agency; and
new text end

new text begin (iii) that information about the factors under section 245C.22, subdivision 4, that
were the basis of the decision to set aside the disqualification are available to the license
holder upon request without the consent of the background study subject; and
new text end

deleted text begin (5)deleted text endnew text begin (7)new text end the commissioner's determination of the individual's immediate risk of harm
under section 245C.16.

(b) If the commissioner determines under section 245C.16 that an individual poses
an imminent risk of harm to persons served by the program where the individual will have
direct contact with, or access to, people receiving services, the commissioner's notice must
include an explanation of the basis of this determination.

(c) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires immediate removal, the individual shall be
informed of the conditions under which the agency that initiated the background study
may allow the individual to have direct contact with, or access to, people receiving
services, as provided under subdivision 3.

Sec. 25.

Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:


Subd. 5.

Scope of set-aside.

new text begin(a) new text endIf the commissioner sets aside a disqualification
under this section, the disqualified individual remains disqualified, but may hold a license
and have direct contact with or access to persons receiving services. new text begin Except as provided
in paragraph (b),
new text endthe commissioner's set-aside of a disqualification is limited solely
to the licensed program, applicant, or agency specified in the set aside notice under
section 245C.23deleted text begin, unless otherwise specified in the noticedeleted text end. For personal care provider
organizations, the commissioner's set-aside may further be limited to a specific individual
who is receiving services.new text begin For new background studies required under section 245C.04,
subdivision 1, paragraph (i), if an individual's disqualification was previously set aside for
the license holder's program and the new background study results in no new information
that indicates the individual may pose a risk of harm to persons receiving services from
the license holder, the previous set-aside shall remain in effect.
new text end

new text begin (b) If the commissioner has previously set aside an individual's disqualification
for one or more programs or agencies, and the individual is the subject of a subsequent
background study for a different program or agency, the commissioner shall determine
whether the disqualification is set aside for the program or agency that initiated the
subsequent background study. A notice of a set-aside under paragraph (c) shall be issued
within 15 working days if all of the following criteria are met:
new text end

new text begin (1) the subsequent background study was initiated in connection with a program
licensed or regulated under the same provisions of law and rule for at least one program
for which the individual's disqualification was previously set aside by the commissioner;
new text end

new text begin (2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 or 2;
new text end

new text begin (3) the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and
new text end

new text begin (4) the previous set-aside was not limited to a specific person receiving services.
new text end

new text begin (c) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on
the basis that the information used to disqualify the individual is incorrect.
new text end

Sec. 26.

Minnesota Statutes 2010, section 471.709, is amended to read:


471.709 LICENSE; PERMIT.

Notwithstanding any law to the contrary, a municipality shall not require a massage
therapist to obtain a license or permit when the therapist deleted text beginis working for or an employee ofdeleted text endnew text begin
is hired or employed by, and exclusively provides treatment on the premises of,
new text end a medical
professional licensed under chapter 147 or 148new text begin or a dental professional licensed under
chapter 150A. A massage therapist is not limited to providing treatment to patients of the
medical or dental professional
new text end.

Sec. 27. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall renumber Minnesota Statutes, section 245B.05, subdivision 4, as
Minnesota Statutes, section 245A.04, subdivision 2a. The revisor shall make necessary
cross-reference changes to effectuate this renumbering.
new text end

ARTICLE 17

PROGRAM INTEGRITY

Section 1.

Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to
read:


Subdivision 1.

Application for licensure.

(a) An individual, corporation,
partnership, voluntary association, other organization or controlling individual that is
subject to licensure under section 245A.03 must apply for a license. The application
must be made on the forms and in the manner prescribed by the commissioner. The
commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within the state.

The commissioner shall act on the application within 90 working days after a
complete application and any required reports have been received from other state
agencies or departments, counties, municipalities, or other political subdivisions. The
commissioner shall not consider an application to be complete until the commissioner
receives all of the information required under section 245C.05.

(b) An application for licensure must specify one or more controlling individuals as
an agent who is responsible for dealing with the commissioner of human services on all
matters provided for in this chapter and on whom service of all notices and orders must be
made. The agent must be authorized to accept service on behalf of all of the controlling
individuals of the program. Service on the agent is service on all of the controlling
individuals of the program. It is not a defense to any action arising under this chapter that
service was not made on each controlling individual of the program. The designation of
one or more controlling individuals as agents under this paragraph does not affect the legal
responsibility of any other controlling individual under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under
the influence of a chemical that impairs the individual's ability to provide services or
care. The license holder must train employees, subcontractors, and volunteers about the
program's drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that
permits persons served by the program and their authorized representatives to bring a
grievance to the highest level of authority in the program.

new text begin (e) At the time of application for licensure or renewal of a license, the applicant
or license holder must acknowledge on the form provided by the commissioner if the
applicant or license holder elects to receive any public funding reimbursement from the
commissioner for services provided under the license that:
new text end

new text begin (1) the applicant's or license holder's compliance with the provider enrollment
agreement or registration requirements for receipt of public funding may be monitored by
the commissioner as part of a licensing investigation or licensing inspection; and
new text end

new text begin (2) noncompliance with the provider enrollment agreement or registration
requirements for receipt of public funding that is identified through a licensing
investigation or licensing inspection, or noncompliance with a licensing requirement that
is a basis of enrollment for reimbursement for a service, may result in:
new text end

new text begin (i) a correction order or a conditional license under section 245A.06, or sanctions
under section 245A.07;
new text end

new text begin (ii) nonpayment of claims submitted by the license holder for public program
reimbursement;
new text end

new text begin (iii) recovery of payments made for the service;
new text end

new text begin (iv) disenrollment in the public payment program; or
new text end

new text begin (v) other administrative, civil, or criminal penalties as provided by law.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245A.14, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Attendance records for publicly funded services. new text end

new text begin (a) A child care
center licensed under this chapter and according to Minnesota Rules, chapter 9503, must
maintain documentation of actual attendance for each child receiving care for which the
license holder is reimbursed by a governmental program. The records must be accessible
to the commissioner during the program's hours of operation, they must be completed on
the actual day of attendance, and they must include:
new text end

new text begin (1) the first and last name of the child;
new text end

new text begin (2) the time of day that the child was dropped off; and
new text end

new text begin (3) the time of day that the child was picked up.
new text end

new text begin (b) A family child care provider licensed under this chapter and according to
Minnesota Rules, chapter 9502, must maintain documentation of actual attendance for
each child receiving care for which the license holder is reimbursed by a governmental
program. The records must be accessible to the commissioner during the program's
hours of operation, they must be completed on the actual day of attendance, and they
must include:
new text end

new text begin (1) the first and last name of the child;
new text end

new text begin (2) the time of day that the child was dropped off; and
new text end

new text begin (3) the time of day that the child was picked up.
new text end

new text begin (c) An adult day services program licensed under this chapter and according to
Minnesota Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual
attendance for each adult day service recipient for which the license holder is reimbursed
by a governmental program. The records must be accessible to the commissioner during
the program's hours of operation, they must be completed on the actual day of attendance,
and they must include:
new text end

new text begin (1) the first, middle, and last name of the recipient;
new text end

new text begin (2) the time of day that the recipient was dropped off; and
new text end

new text begin (3) the time of day that the recipient was picked up.
new text end

new text begin (d) The commissioner shall not issue a correction for attendance record errors that
occur before August 1, 2013.
new text end

Sec. 3.

new text begin [245A.167] PUBLIC FUNDS PROGRAM INTEGRITY MONITORING.
new text end

new text begin (a) An applicant or a license holder that has enrolled to receive public funding
reimbursement for services is required to comply with the registration or enrollment
requirements as licensing standards.
new text end

new text begin (b) Compliance with the licensing standards established under paragraph (a) may
be monitored during a licensing investigation or inspection. Noncompliance with these
licensure standards may result in:
new text end

new text begin (i) a correction order or a conditional license under section 245A.06, or sanctions
under section 245A.07;
new text end

new text begin (ii) nonpayment of claims submitted by the license holder for public program
reimbursement according to the statute applicable to that program;
new text end

new text begin (iii) recovery of payments made for the service according to the statute applicable to
that program;
new text end

new text begin (iv) disenrollment in the public payment program according to the statute applicable
to that program; or
new text end

new text begin (v) a referral for other administrative, civil, or criminal penalties as provided by law.
new text end

Sec. 4.

Minnesota Statutes 2011 Supplement, section 256B.04, subdivision 21, is
amended to read:


Subd. 21.

Provider enrollment.

(a) If the commissioner or the Centers for
Medicare and Medicaid Services determines that a provider is designated "high-risk," the
commissioner may withhold payment from providers within that category upon initial
enrollment for a 90-day period. The withholding for each provider must begin on the date
of the first submission of a claim.

(b) new text beginAn enrolled provider that is also licensed by the commissioner under chapter
245A must designate an individual as the entity's compliance officer. The compliance
officer must:
new text end

new text begin (1) develop policies and procedures to assure adherence to medical assistance laws
and regulations and to prevent inappropriate claims submissions;
new text end

new text begin (2) train the employees of the provider entity, and any agents or subcontractors of
the provider entity including billers, on the policies and procedures under clause (1);
new text end

new text begin (3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
new text end

new text begin (4) use evaluation techniques to monitor compliance with medical assistance laws
and regulations;
new text end

new text begin (5) promptly report to the commissioner any identified violations of medical
assistance laws or regulations; and
new text end

new text begin (6) within 60 days of discovery by the provider of a medical assistance
reimbursement overpayment, report the overpayment to the commissioner and make
arrangements with the commissioner for the commissioner's recovery of the overpayment.
new text end

The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.

(c) The commissioner may revoke the enrollment of an ordering or rendering
provider for a period of not more than one year, if the provider fails to maintain and, upon
request from the commissioner, provide access to documentation relating to written orders
or requests for payment for durable medical equipment, certifications for home health
services, or referrals for other items or services written or ordered by such provider, when
the commissioner has identified a pattern of a lack of documentation. A pattern means a
failure to maintain documentation or provide access to documentation on more than one
occasion.new text begin Nothing in this paragraph limits the authority of the commissioner to sanction a
provider under the provisions of section 256B.064.
new text end

(d) The commissioner shall terminate or deny the enrollment of any individual or
entity if the individual or entity has been terminated from participation in Medicare or
under the Medicaid program or Children's Health Insurance Program of any other state.

(e) As a condition of enrollment in medical assistance, the commissioner shall
require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
and Medicaid Services or the Minnesota Department of Human Services permit the
Centers for Medicare and Medicaid Services, its agents, or its designated contractors and
the state agency, its agents, or its designated contractors to conduct unannounced on-site
inspections of any provider location.

(f) As a condition of enrollment in medical assistance, the commissioner shall
require that a high-risk provider, or a person with a direct or indirect ownership interest in
the provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is
designated high-risk for fraud, waste, or abuse.

ARTICLE 18

STATEWIDE PROVIDER ENROLLMENT, PERFORMANCE STANDARDS,
AND PAYMENT METHODOLOGY DEVELOPMENT

Section 1.

Minnesota Statutes 2010, section 245A.03, subdivision 2, is amended to
read:


Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an
individual who is related unless the residential program is a child foster care placement
made by a local social services agency or a licensed child-placing agency, except as
provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons
from a single related family;

(3) residential or nonresidential programs that are provided to adults who do
not abuse chemicals or who do not have a chemical dependency, a mental illness, a
developmental disability, a functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the
commissioner of employment and economic development;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision
for periods of less than three hours a day while the child's parent or legal guardian is in
the same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as
specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that do not
provide children's residential services under Minnesota Rules, chapter 2960, mental health
or chemical dependency treatment;

(9) homes providing programs for persons placed by a county or a licensed agency
for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a
park and recreation board whose primary purpose is to provide social and recreational
activities;

(12) programs operated by a school as defined in section 120A.22, subdivision 4;
YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as
defined in section 315.51, whose primary purpose is to provide child care or services to
school-age children;

(13) Head Start nonresidential programs which operate for less than 45 days in
each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and
art programs, and nonresidential programs for children provided for a cumulative total of
less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or
the congregate care of children by a church, congregation, or religious society during the
period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children
with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural
or educational exchange, until the commissioner adopts appropriate rules;

deleted text begin (21) unrelated individuals who provide out-of-home respite care services to persons
deleted text end deleted text begin with developmental disabilities from a single related family for no more than 90 days in a
deleted text end deleted text begin 12-month period and the respite care services are for the temporary relief of the person's
deleted text end deleted text begin family or legal representative;
deleted text end

deleted text begin (22) respite care services provided as a home and community-based service to a
deleted text end deleted text begin person with a developmental disability, in the person's primary residence;
deleted text end

deleted text begin (23)deleted text endnew text begin (21)new text end community support services programs as defined in section 245.462,
subdivision 6
, and family community support services as defined in section 245.4871,
subdivision 17
;

deleted text begin (24)deleted text endnew text begin (22)new text end the placement of a child by a birth parent or legal guardian in a preadoptive
home for purposes of adoption as authorized by section 259.47;

deleted text begin (25)deleted text endnew text begin (23)new text end settings registered under chapter 144D which provide home care services
licensed by the commissioner of health to fewer than seven adults;

deleted text begin (26)deleted text endnew text begin (24)new text end chemical dependency or substance abuse treatment activities of licensed
professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart
15, when the treatment activities are not paid for by the consolidated chemical dependency
treatment fund;

deleted text begin (27)deleted text endnew text begin (25)new text end consumer-directed community support service funded under the Medicaid
waiver for persons with developmental disabilities when the individual who provided
the service is:

(i) the same individual who is the direct payee of these specific waiver funds or paid
by a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service; or

deleted text begin (28)deleted text endnew text begin (26)new text end a program serving only children who are age 33 months or older, that is
operated by a nonpublic school, for no more than four hours per day per child, with no
more than 20 children at any one time, and that is accredited by:

(i) an accrediting agency that is formally recognized by the commissioner of
education as a nonpublic school accrediting organization; or

(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.

A program that asserts its exemption from licensure under item (ii) shall, upon
request from the commissioner, provide the commissioner with documentation from the
accrediting agency that verifies: that the accreditation is current; that the accrediting
agency investigates complaints about services; and that the accrediting agency's standards
require background studies on all people providing direct contact services.

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) new text beginExcept for the home and community-based services identified in section
245D.03, subdivision 1,
new text endnothing in this chapter shall be construed to require licensure for
any services provided and funded according to an approved federal waiver plan where
licensure is specifically identified as not being a condition for the services and funding.

Sec. 2.

Minnesota Statutes 2010, section 245A.041, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Record retention; license holder requirements. new text end

new text begin (a) A license holder must
maintain and store records in a manner that will allow for review by the commissioner as
identified in section 245A.04, subdivision 5. The following records must be maintained as
specified and in accordance with applicable state or federal law, regulation, or rule:
new text end

new text begin (1) service recipient records, including verification of service delivery, must be
maintained for a minimum of five years following discharge or termination of service;
new text end

new text begin (2) personnel records must be maintained for a minimum of five years following
termination of employment; and
new text end

new text begin (3) program administration and financial records must be maintained for a minimum
of five years from the date the program closes.
new text end

new text begin (b) A license holder who ceases to provide services must maintain all records related
to the licensed program for five years from the date the program closes. The license holder
must notify the commissioner of the location where the licensing records will be stored
and the name of the person responsible for maintaining the stored records.
new text end

new text begin (c) If the ownership of a licensed program or service changes, the transferor, unless
otherwise provided by law or written agreement with the transferee, is responsible for
maintaining, preserving, and making available to the commissioner on demand the license
records generated before the date of the transfer.
new text end

new text begin (d) In the event of a contested case, the license holder must retain records as required
in paragraph (a) or until the final agency decision is issued and the conclusion of any
related appeal, whichever period is longer.
new text end

Sec. 3.

Minnesota Statutes 2010, section 245A.041, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Electronic records; license holder use. new text end

new text begin A license holder's use of
electronic record keeping or electronic signatures must meet the following requirements:
new text end

new text begin (1) use of electronic record keeping or electronic signatures does not alter the license
holder's obligations under state or federal law, regulation, or rule;
new text end

new text begin (2) the license holder must ensure that the use of electronic record keeping does not
limit the commissioner's access to records as specified under section 245A.04, subdivision
5;
new text end

new text begin (3) upon request, the license holder must assist the commissioner in accessing and
copying all records, including encrypted records and electronic signatures; and
new text end

new text begin (4) the license holder must establish a mechanism or procedure to ensure that:
new text end

new text begin (i) the act of creating the electronic record or signature is attributable to the license
holder, according to section 325L.09;
new text end

new text begin (ii) the electronic records and signatures are maintained in a form capable of being
retained and accurately reproduced;
new text end

new text begin (iii) the commissioner has access to information that establishes the date and time
that data and signatures were entered into the electronic record; and
new text end

new text begin (iv) the license holder's use of electronic record keeping or electronic signatures does
not compromise the security of the records.
new text end

Sec. 4.

new text begin [245A.042] HOME AND COMMUNITY-BASED SERVICES;
ADDITIONAL STANDARDS AND PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Standards governing the provision of home and community-based
services.
new text end

new text begin Residential and nonresidential programs for persons with disabilities or
age 65 and older must obtain a license according to this chapter to provide home and
community-based services defined in the federal waiver plans governed by United States
Code, title 42, sections 1396 et seq., or the state's alternative care program according to
section 256B.0913, and identified in section 245D.03, subdivision 1. As a condition
of licensure, an applicant or license holder must demonstrate and maintain verification
of compliance with:
new text end

new text begin (1) licensing requirements under this chapter and chapter 245D;
new text end

new text begin (2) applicable health care program requirements under Minnesota Rules, parts
9505.0170 to 9505.0475 and 9505.2160 to 9505.2245; and
new text end

new text begin (3) provider standards and qualifications identified in the federal waiver plans or the
alternative care program.
new text end

new text begin Subd. 2. new text end

new text begin Modified application procedures. new text end

new text begin (a) Applicants seeking chapter 245D
licensure who meet the following criteria are subject to modified application procedures:
new text end

new text begin (1) the applicant holds a chapter 245B license issued on or before December 31,
2012, at the time of application;
new text end

new text begin (2) the applicant's chapter 245B license or licenses are in substantial compliance
according to the licensing standards in this chapter and chapter 245B; and
new text end

new text begin (3) the commissioner has conducted at least one on-site inspection of the chapter
245B license or licenses within the two-year period before submitting the chapter 245D
license application.
new text end

new text begin For purposes of this subdivision, substantial compliance means the commissioner
has not issued a sanction according to section 245A.07 against any chapter 245B license
held by the applicant or made the chapter 245B license or licenses conditional according
to section 245A.06 within the 12-month period before submitting the application for
chapter 245D licensure.
new text end

new text begin (b) The modified application procedures mean the commissioner must accept
the applicant's attestation of compliance with certain requirements in lieu of providing
information to the commissioner for evaluation that is otherwise required when seeking
chapter 245D licensure.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin (a) The commissioner shall implement the
responsibilities of this chapter according to the timelines in paragraphs (b) and (c)
only within the limits of available appropriations or other administrative cost recovery
methodology.
new text end

new text begin (b) The licensure of home and community-based services according to this section
shall be implemented January 1, 2014. License applications shall be received and
processed on a phased-in schedule as determined by the commissioner beginning July
1, 2013. Licenses will be issued thereafter upon the commissioner's determination that
the application is complete according to section 245A.04.
new text end

new text begin (c) Within the limits of available appropriations or other administrative cost recovery
methodology, implementation of compliance monitoring must be phased in after January
1, 2014.
new text end

new text begin (1) Applicants who do not currently hold a license issued under this chapter must
receive an initial compliance monitoring visit after 12 months of the effective date of the
initial license for the purpose of providing technical assistance on how to achieve and
maintain compliance with the applicable law or rules governing the provision of home and
community-based services under chapter 245D. If during the review the commissioner
finds that the license holder has failed to achieve compliance with an applicable law or
rule and this failure does not imminently endanger the health, safety, or rights of the
persons served by the program, the commissioner may issue a licensing review report with
recommendations for achieving and maintaining compliance.
new text end

new text begin (2) Applicants who do currently hold a license issued under this chapter must receive
a compliance monitoring visit after 24 months of the effective date of the initial license.
new text end

new text begin (d) Nothing in this subdivision shall be construed to limit the commissioner's
authority to suspend or revoke a license or issue a fine at any time under section 245A.07,
or make correction orders and make a license conditional for failure to comply with
applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity
of the violation of law or rule and the effect of the violation on the health, safety, or
rights of persons served by the program.
new text end

new text begin Subd. 4. new text end

new text begin Stakeholder consultation. new text end

new text begin The commissioner shall consult with the
existing stakeholder group established as part of the provider standards process to gather
input related to the development of an administrative cost recovery methodology to
implement the provisions in chapter 245D.
new text end

Sec. 5.

Minnesota Statutes 2010, section 245A.085, is amended to read:


245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.

Hearings authorized under this chapter, chapter 245C, and sections 256.045,new text begin
256B.04,
new text end 626.556, and 626.557, shall be consolidated if feasible and in accordance with
other applicable statutes and rules. Reconsideration under sections 245C.28; 626.556,
subdivision 10i
; and 626.557, subdivision 9d, shall also be consolidated if feasible.

Sec. 6.

Minnesota Statutes 2010, section 245B.02, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Emergency. new text end

new text begin "Emergency" means any fires, severe weather, natural
disasters, power failures, or any event that affects the ordinary daily operation of the
program, including, but not limited to, events that threaten the immediate health and
safety of a person receiving services and that require calling 911, emergency evacuation,
moving to an emergency shelter, or temporary closure or relocation of the program
to another facility or service site.
new text end

Sec. 7.

Minnesota Statutes 2010, section 245B.02, subdivision 10, is amended to read:


Subd. 10.

Incident.

"Incident" means new text beginan occurrence that affects the ordinary
provision of services to a person and includes
new text end any of the following:

(1) serious injury as determined by section 245.91, subdivision 6;

(2) a consumer's death;

(3) any medical deleted text beginemergenciesdeleted text endnew text begin emergencynew text end, unexpected serious deleted text beginillnessesdeleted text endnew text begin illnessnew text end, or
deleted text begin accidentsdeleted text endnew text begin significant unexpected changes in an illness or medical condition, or the mental
health status of a person
new text end that deleted text beginrequiredeleted text endnew text begin requires calling 911 or a mental health mobile crisis
intervention team,
new text end physician treatmentnew text begin,new text end or hospitalization;

(4) a consumer's unauthorizednew text begin or unexplainednew text end absence;

deleted text begin (5) any fires or other events that require the relocation of services for more than 24
hours, or circumstances involving a law enforcement agency or fire department related to
the health, safety, or supervision of a consumer;
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end physical aggression by a consumer against another consumer that causes
physical pain, injury, or persistent emotional distress, including, but not limited to, hitting,
slapping, kicking, scratching, pinching, biting, pushing, and spitting;

deleted text begin (7)deleted text endnew text begin (6)new text end any sexual activity between consumers involving force or coercion as defined
under section 609.341, subdivisions 3 and 14; or

deleted text begin (8)deleted text endnew text begin (7)new text end a report of child or vulnerable adult maltreatment under section 626.556 or
626.557.

Sec. 8.

Minnesota Statutes 2010, section 245B.04, subdivision 1, is amended to read:


Subdivision 1.

License holder's responsibility for consumers' rights.

The license
holder must:

(1) provide the consumer or the consumer's legal representative a copy of the
consumer's rights on the day that services are initiated and an explanation of the rights
in subdivisions 2 and 3 within five working days of service initiationnew text begin and annually
thereafter
new text end. Reasonable accommodations shall be made by the license holder to provide
this information in other formats as needed to facilitate understanding of the rights by the
consumer and the consumer's legal representative, if any;

(2) document the consumer's or the consumer's legal representative's receipt of a
copy of the rights and an explanation of the rights; and

(3) ensure the exercise and protection of the consumer's rights in the services
provided by the license holder and authorized in the individual service plan.

Sec. 9.

Minnesota Statutes 2010, section 245B.04, subdivision 2, is amended to read:


Subd. 2.

Service-related rights.

A consumer's service-related rights include the
right to:

(1) refuse or terminate services and be informed of the consequences of refusing
or terminating services;

(2) know, in advance, limits to the services available from the license holder;

(3) know conditions and terms governing the provision of services, including deleted text beginthosedeleted text endnew text begin
the license holder's policies and procedures
new text end related to initiation and termination;

(4) know what the charges are for services, regardless of who will be paying for the
services, and be notified upon request of changes in those charges;

(5) know, in advance, whether services are covered by insurance, government
funding, or other sources, and be told of any charges the consumer or other private party
may have to pay; and

(6) receive licensed services from individuals who are competent and trained,
who have professional certification or licensure, as required, and who meet additional
qualifications identified in the individual service plan.

Sec. 10.

Minnesota Statutes 2010, section 245B.04, subdivision 3, is amended to read:


Subd. 3.

Protection-related rights.

new text begin(a) new text endThe consumer's protection-related rights
include the right to:

(1) have personal, financial, services, and medical information kept private, and
be advised of the license holder's policies and procedures regarding disclosure of such
information;

(2) access records and recorded information new text beginabout the person in accordance with
applicable state and federal law, regulation, or rule
new text end;

(3) be free from maltreatment;

(4) be treated with courtesy and respect for the consumer's individuality, mode of
communication, and culture, and receive respectful treatment of the consumer's property;

new text begin (5) reasonable observance of cultural and ethnic practice and religion;
new text end

new text begin (6) be free from bias and harassment regarding race, gender, age, disability,
spirituality, and sexual orientation;
new text end

new text begin (7) be informed of and use the license holder's grievance policy and procedures,
including knowing how to contact persons responsible for addressing problems and to
appeal under section 256.045;
new text end

new text begin (8) know the name, telephone number, and the Web site, e-mail, and street
addresses of protection and advocacy services, including the appropriate state-appointed
ombudsman, and a brief description of how to file a complaint with these offices;
new text end

deleted text begin (5)deleted text endnew text begin (9)new text end voice grievances, know the contact persons responsible for addressing
problems and how to contact those persons;

deleted text begin (6)deleted text endnew text begin (10)new text end any procedures for grievance or complaint resolution and the right to appeal
under section 256.045;

deleted text begin (7)deleted text endnew text begin (11)new text end know the name and address of the state, county, or advocacy agency to
contact for additional information or assistance;

deleted text begin (8)deleted text endnew text begin (12)new text end assert these rights personally, or have them asserted by the consumer's
family or legal representative, without retaliation;

deleted text begin (9)deleted text endnew text begin (13)new text end give or withhold written informed consent to participate in any research or
experimental treatment;

deleted text begin (10)deleted text endnew text begin (14)new text end have daily, private access to and use of a non-coin-operated telephone for
local calls and long-distance calls made collect or paid for by the resident;

deleted text begin (11)deleted text endnew text begin (15)new text end receive and sendnew text begin, without interference,new text end uncensored, unopened mailnew text begin or
electronic correspondence or communication
new text end;

deleted text begin (12)deleted text endnew text begin (16)new text end marital privacy for visits with the consumer's spouse and, if both are
residents of the site, the right to share a bedroom and bed;

deleted text begin (13)deleted text endnew text begin (17)new text end associate with other persons of the consumer's choice;

deleted text begin (14)deleted text endnew text begin (18)new text end personal privacy; and

deleted text begin (15)deleted text endnew text begin (19)new text end engage in chosen activities.

new text begin (b) Restriction of a person's rights under paragraph (a), clauses (13) to (15), or
this paragraph is allowed only if determined necessary to ensure the health, safety, and
well-being of the person. Any restriction of these rights must be documented in the service
plan for the person and must include the following information:
new text end

new text begin (1) the justification for the restriction based on an assessment of the person's
vulnerability related to exercising the right without restriction;
new text end

new text begin (2) the objective measures set as conditions for ending the restriction;
new text end

new text begin (3) a schedule for reviewing the need for the restriction based on the conditions for
ending the restriction to occur, at a minimum, every three months for persons who do not
have a legal representative and annually for persons who do have a legal representative
from the date of initial approval; and
new text end

new text begin (4) signed and dated approval for the restriction from the person, or the person's
legal representative, if any. A restriction may be implemented only when the required
approval has been obtained. Approval may be withdrawn at any time. If approval is
withdrawn, the right must be immediately and fully restored.
new text end

Sec. 11.

Minnesota Statutes 2010, section 245B.05, subdivision 1, is amended to read:


Subdivision 1.

Environment.

The license holder must:

(1) ensure that services are provided in a safe and hazard-free environment when the
license holder is the owner, lessor, or tenant of the service site. All other license holders
shall inform the consumer or the consumer's legal representative and case manager about
any environmental safety concerns in writing;

(2) deleted text beginlock doorsdeleted text end new text beginensure that doors are locked or toxic substances or dangerous items
normally accessible to persons served by the program are stored in locked cabinets,
drawers, or containers
new text end only to protect the safety of consumers and not as a substitute for
staff supervision or interactions with consumersnew text begin. new text endnew text beginIf doors are locked or toxic substances
or dangerous items normally accessible to persons served by the program are stored in
locked cabinets, drawers, or containers, the license holder must justify and document
how this determination was made in consultation with the person or the person's legal
representative and how access will otherwise be provided to the person and all other
affected persons receiving services
new text end;

(3) follow procedures that minimize the consumer's health risk from communicable
diseases; and

(4) maintain equipment, vehicles, supplies, and materials owned or leased by the
license holder in good condition.

Sec. 12.

Minnesota Statutes 2010, section 245B.07, subdivision 5, is amended to read:


Subd. 5.

Staff orientation.

(a) Within 60 days of hiring staff who provide direct
service, the license holder must provide 30 hours of staff orientation. Direct care staff
must complete 15 of the 30 hours orientation before providing any unsupervised direct
service to a consumer. If the staff person has received orientation training from a license
holder licensed under this chapter, or provides semi-independent living services only, the
15-hour requirement may be reduced to eight hours. The total orientation of 30 hours may
be reduced to 15 hours if the staff person has previously received orientation training from
a license holder licensed under this chapter.

(b) The 30 hours of orientation must combine supervised on-the-job training with
deleted text begin coveragedeleted text endnew text begin reviewnew text end ofnew text begin and instruction onnew text end the following material:

(1) review of the consumer's service plans and risk management plan to achieve an
understanding of the consumer as a unique individualnew text begin and staff responsibilities related to
implementation of those plans
new text end;

(2) review and instruction onnew text begin implementation ofnew text end the license holder's policies and
procedures, including their location and access;

(3)new text begin staff responsibilities related tonew text end emergency procedures;

(4) explanation of specific job functions, including implementing objectives from
the consumer's individual service plan;

(5) explanation of responsibilities related to section 245A.65; sections 626.556
and 626.557, governing maltreatment reporting and service planning for children and
vulnerable adults; and section 245.825, governing use of aversive and deprivation
procedures;

(6) medication administration as it applies to the individual consumer, from a
training curriculum developed by a health services professional described in section
245B.05, subdivision 5, and when the consumer meets the criteria of having overriding
health care needs, then medication administration taught by a health services professional.
Staff may administer medications only after they demonstrate the ability, as defined in the
license holder's medication administration policy and procedures. Once a consumer with
overriding health care needs is admitted, staff will be provided with remedial training as
deemed necessary by the license holder and the health professional to meet the needs of
that consumer.

For purposes of this section, overriding health care needs means a health care
condition that affects the service options available to the consumer because the condition
requires:

(i) specialized or intensive medical or nursing supervision; and

(ii) nonmedical service providers to adapt their services to accommodate the health
and safety needs of the consumer;

(7) consumer rightsnew text begin and staff responsibilities related to protecting and ensuring
the exercise of the consumer rights
new text end; and

(8) other topics necessary as determined by the consumer's individual service plan or
other areas identified by the license holder.

(c) The license holder must document each employee's orientation received.

Sec. 13.

Minnesota Statutes 2010, section 245B.07, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Subcontractors. new text end

new text begin If the license holder uses a subcontractor to perform
services licensed under this chapter on the license holder's behalf, the license holder must
ensure that the subcontractor meets and maintains compliance with all requirements under
this chapter that apply to the services to be provided.
new text end

Sec. 14.

Minnesota Statutes 2010, section 245B.07, subdivision 9, is amended to read:


Subd. 9.

Availability of current written policies and procedures.

The license
holder shall:

(1) review and update, as needed, the written policies and procedures in this chapter;

(2) inform consumers or the consumer's legal representatives of the written policies
and procedures in this chapter upon service initiation. Copiesnew text begin of policies and procedures
affecting a consumer's rights under section 245D.04 must be provided upon service
initiation. Copies of all other policies and procedures
new text end must be available to consumers
or the consumer's legal representatives, case managers, the county where services are
located, and the commissioner upon request;

(3) provide all consumers or the consumers' legal representatives and case managers
a copynew text begin of the revised policies and proceduresnew text end and explanation ofnew text begin thenew text end revisions deleted text beginto policies
and procedures
deleted text end that affect consumers' service-related or protection-related rights under
section 245B.04new text begin and maltreatment reporting policies and proceduresnew text end. Unless there is
reasonable cause, the license holder must provide this notice at least 30 days before
implementing the revised policy and procedure. The license holder must document the
reason for not providing the notice at least 30 days before implementing the revisions;

(4) annually notify all consumers or the consumers' legal representatives and case
managers of any revised policies and procedures under this chapter, other than those in
clause (3). Upon request, the license holder must provide the consumer or consumer's
legal representative and case manager copies of the revised policies and procedures;

(5) before implementing revisions to policies and procedures under this chapter,
inform all employees of thenew text begin revisions and provide training on implementation of thenew text end
revised policies and procedures; and

(6) document and maintain relevant information related to the policies and
procedures in this chapter.

Sec. 15.

Minnesota Statutes 2010, section 245B.07, subdivision 10, is amended to read:


Subd. 10.

Consumer funds.

(a) The license holder must ensure that consumers
retain the use and availability of personal funds or property unless restrictions are justified
in the consumer's individual service plan.

(b) The license holder must ensure separation of consumer funds from funds of the
license holder, the program, or program staff.

(c) Whenever the license holder assists a consumer with the safekeeping of funds
or other property, the license holder must have written authorization to do so by the
consumer or the consumer's legal representative, and the case manager. In addition, the
license holder must:

(1) document receipt and disbursement of the consumer's funds or the property;

(2) annually survey, document, and implement the preferences of the consumer,
consumer's legal representative, and the case manager for frequency of receiving a
statement that itemizes receipts and disbursements of consumer funds or other property;
and

(3) return to the consumer upon the consumer's request, funds and property in the
license holder's possession subject to restrictions in the consumer's individual service plan,
as soon as possible, but no later than three working days after the date of the request.

(d) License holders and program staff must not:

(1) borrow money from a consumer;

(2) purchase personal items from a consumer;

(3) sell merchandise or personal services to a consumer;

(4) require a consumer to purchase items for which the license holder is eligible for
reimbursement; deleted text beginor
deleted text end

(5) use consumer funds in a manner that would violate section 256B.04, or any
rules promulgated under that sectiondeleted text begin.deleted text endnew text begin; or
new text end

new text begin (6) accept powers-of-attorney from a person receiving services from the license
holder for any purpose, and may not accept an appointment as guardian or conservator of
a person receiving services from the license holder. This does not apply to license holders
that are Minnesota counties or other units of government.
new text end

Sec. 16.

new text begin [245D.01] CITATION.
new text end

new text begin This chapter may be cited as the "Home and Community-Based Services Standards"
or "HCBS Standards."
new text end

Sec. 17.

new text begin [245D.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in this chapter have the meanings given
them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Annual and annually. new text end

new text begin "Annual" and "annually" have the meaning given
in section 245A.02, subdivision 2b.
new text end

new text begin Subd. 3. new text end

new text begin Case manager. new text end

new text begin "Case manager" means the individual designated
to provide waiver case management services, care coordination, or long-term care
consultation, as specified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49,
or successor provisions.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the
Department of Human Services or the commissioner's designated representative.
new text end

new text begin Subd. 5. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Human Services.
new text end

new text begin Subd. 6. new text end

new text begin Direct contact. new text end

new text begin "Direct contact" has the meaning given in section 245C.02,
subdivision 11, and is used interchangeably with the term "direct service."
new text end

new text begin Subd. 7. new text end

new text begin Drug. new text end

new text begin "Drug" has the meaning given in section 151.01, subdivision 5.
new text end

new text begin Subd. 8. new text end

new text begin Emergency. new text end

new text begin "Emergency" means any event that affects the ordinary
daily operation of the program including, but not limited to, fires, severe weather, natural
disasters, power failures, or other events that threaten the immediate health and safety of
a person receiving services and that require calling 911, emergency evacuation, moving
to an emergency shelter, or temporary closure or relocation of the program to another
facility or service site.
new text end

new text begin Subd. 9. new text end

new text begin Health services. new text end

new text begin "Health services" means any service or treatment
consistent with the physical and mental health needs of the person, such as medication
administration and monitoring, medical, dental, nutritional, health monitoring, wellness
education, and exercise.
new text end

new text begin Subd. 10. new text end

new text begin Home and community-based services. new text end

new text begin "Home and community-based
services" means the services subject to the provisions of this chapter and defined in the
federal waiver plans governed by United States Code, title 42, sections 1396 et seq., or the
state's alternative care program according to section 256B.0913, including the brain injury
(BI) waiver, the community alternative care (CAC) waiver, the community alternatives
for disabled individuals (CADI) waiver, the developmental disability (DD) waiver, the
elderly waiver (EW), and the alternative care (AC) program.
new text end

new text begin Subd. 11. new text end

new text begin Incident. new text end

new text begin "Incident" means an occurrence that affects the ordinary
provision of services to a person and includes any of the following:
new text end

new text begin (1) serious injury as determined by section 245.91, subdivision 6;
new text end

new text begin (2) a person's death;
new text end

new text begin (3) any medical emergency, unexpected serious illness, or significant unexpected
change in an illness or medical condition, or the mental health status of a person that
requires calling 911 or a mental health crisis intervention team, physician treatment,
or hospitalization;
new text end

new text begin (4) a person's unauthorized or unexplained absence from a program;
new text end

new text begin (5) physical aggression by a person receiving services against another person
receiving services that causes physical pain, injury, or persistent emotional distress,
including, but not limited to, hitting, slapping, kicking, scratching, pinching, biting,
pushing, and spitting;
new text end

new text begin (6) any sexual activity between persons receiving services involving force or
coercion as defined under section 609.341, subdivisions 3 and 14; or
new text end

new text begin (7) a report of alleged or suspected child or vulnerable adult maltreatment under
section 626.556 or 626.557.
new text end

new text begin Subd. 12. new text end

new text begin Legal representative. new text end

new text begin "Legal representative" means the parent of a
person who is under 18 years of age, a court-appointed guardian, or other representative
with legal authority to make decisions about services for a person.
new text end

new text begin Subd. 13. new text end

new text begin License. new text end

new text begin "License" has the meaning given in section 245A.02,
subdivision 8.
new text end

new text begin Subd. 14. new text end

new text begin Licensed health professional. new text end

new text begin "Licensed health professional" means a
person licensed in Minnesota to practice those professions described in section 214.01,
subdivision 2.
new text end

new text begin Subd. 15. new text end

new text begin License holder. new text end

new text begin "License holder" has the meaning given in section
245A.02, subdivision 9.
new text end

new text begin Subd. 16. new text end

new text begin Medication. new text end

new text begin "Medication" means a prescription drug or over-the-counter
drug. For purposes of this chapter, "medication" includes dietary supplements.
new text end

new text begin Subd. 17. new text end

new text begin Medication administration. new text end

new text begin "Medication administration" means
performing the following set of tasks to ensure a person takes both prescription and
over-the-counter medications and treatments according to orders issued by appropriately
licensed professionals, and includes the following:
new text end

new text begin (1) checking the person's medication record;
new text end

new text begin (2) preparing the medication for administration;
new text end

new text begin (3) administering the medication to the person;
new text end

new text begin (4) documenting the administration of the medication or the reason for not
administering the medication; and
new text end

new text begin (5) reporting to the prescriber or a nurse any concerns about the medication,
including side effects, adverse reactions, effectiveness, or the person's refusal to take the
medication or the person's self-administration of the medication.
new text end

new text begin Subd. 18. new text end

new text begin Medication assistance. new text end

new text begin "Medication assistance" means providing verbal
or visual reminders to take regularly scheduled medication, which includes either of
the following:
new text end

new text begin (1) bringing to the person and opening a container of previously set up medications
and emptying the container into the person's hand or opening and giving the medications
in the original container to the person, or bringing to the person liquids or food to
accompany the medication; or
new text end

new text begin (2) providing verbal or visual reminders to perform regularly scheduled treatments
and exercises.
new text end

new text begin Subd. 19. new text end

new text begin Medication management. new text end

new text begin "Medication management" means the
provision of any of the following:
new text end

new text begin (1) medication-related services to a person;
new text end

new text begin (2) medication setup;
new text end

new text begin (3) medication administration;
new text end

new text begin (4) medication storage and security;
new text end

new text begin (5) medication documentation and charting;
new text end

new text begin (6) verification and monitoring of effectiveness of systems to ensure safe medication
handling and administration;
new text end

new text begin (7) coordination of medication refills;
new text end

new text begin (8) handling changes to prescriptions and implementation of those changes;
new text end

new text begin (9) communicating with the pharmacy; or
new text end

new text begin (10) coordination and communication with prescriber.
new text end

new text begin For the purposes of this chapter, medication management does not mean "medication
therapy management services" as identified in section 256B.0625, subdivision 13h.
new text end

new text begin Subd. 20. new text end

new text begin Mental health crisis intervention team. new text end

new text begin "Mental health crisis
intervention team" means mental health crisis response providers as identified in section
256B.0624, subdivision 2, paragraph (d), for adults, and in section 256B.0944, subdivision
1, paragraph (d), for children.
new text end

new text begin Subd. 21. new text end

new text begin Over-the-counter drug. new text end

new text begin "Over-the-counter drug" means a drug that
is not required by federal law to bear the statement "Caution: Federal law prohibits
dispensing without prescription."
new text end

new text begin Subd. 22. new text end

new text begin Person. new text end

new text begin "Person" has the meaning given in section 245A.02, subdivision
11.
new text end

new text begin Subd. 23. new text end

new text begin Person with a disability. new text end

new text begin "Person with a disability" means a person
determined to have a disability by the commissioner's state medical review team as
identified in section 256B.055, subdivision 7, the Social Security Administration, or
the person is determined to have a developmental disability as defined in Minnesota
Rules, part 9525.0016, subpart 2, item B, or a related condition as defined in section
252.27, subdivision 1a.
new text end

new text begin Subd. 24. new text end

new text begin Prescriber. new text end

new text begin "Prescriber" means a licensed practitioner as defined in
section 151.01, subdivision 23, who is authorized under section 151.37 to prescribe
drugs. For the purposes of this chapter, the term "prescriber" is used interchangeably
with "physician."
new text end

new text begin Subd. 25. new text end

new text begin Prescription drug. new text end

new text begin "Prescription drug" has the meaning given in section
151.01, subdivision 17.
new text end

new text begin Subd. 26. new text end

new text begin Program. new text end

new text begin "Program" means either the nonresidential or residential
program as defined in section 245A.02, subdivisions 10 and 14.
new text end

new text begin Subd. 27. new text end

new text begin Psychotropic medication. new text end

new text begin "Psychotropic medication" means any
medication prescribed to treat the symptoms of mental illness that affect thought processes,
mood, sleep, or behavior. The major classes of psychotropic medication are antipsychotic
(neuroleptic), antidepressant, antianxiety, mood stabilizers, anticonvulsants, and
stimulants and nonstimulants for the treatment of attention deficit/hyperactivity disorder.
Other miscellaneous medications are considered to be a psychotropic medication when
they are specifically prescribed to treat a mental illness or to control or alter behavior.
new text end

new text begin Subd. 28. new text end

new text begin Restraint. new text end

new text begin "Restraint" means physical or mechanical limiting of the free
and normal movement of body or limbs.
new text end

new text begin Subd. 29. new text end

new text begin Seclusion. new text end

new text begin "Seclusion" means separating a person from others in a way
that prevents social contact and prevents the person from leaving the situation if he or she
chooses.
new text end

new text begin Subd. 30. new text end

new text begin Service. new text end

new text begin "Service" means care, training, supervision, counseling,
consultation, or medication assistance assigned to the license holder in the service plan.
new text end

new text begin Subd. 31. new text end

new text begin Service plan. new text end

new text begin "Service plan" means the individual service plan or
individual care plan identified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49,
or successor provisions, and includes any support plans or service needs identified as
a result of long-term care consultation, or a support team meeting that includes the
participation of the person, the person's legal representative, and case manager, or assigned
to a license holder through an authorized service agreement.
new text end

new text begin Subd. 32. new text end

new text begin Service site. new text end

new text begin "Service site" means the location where the service is
provided to the person, including but not limited to, a facility licensed according to chapter
245A; a location where the license holder is the owner, lessor, or tenant; a person's own
home; or a community-based location.
new text end

new text begin Subd. 33. new text end

new text begin Staff. new text end

new text begin "Staff" means an employee who will have direct contact with a
person served by the facility, agency, or program.
new text end

new text begin Subd. 34. new text end

new text begin Support team. new text end

new text begin "Support team" means the service planning team
identified in section 256B.49, subdivision 15, or the interdisciplinary team identified in
Minnesota Rules, part 9525.0004, subpart 14.
new text end

new text begin Subd. 35. new text end

new text begin Unit of government. new text end

new text begin "Unit of government" means every city, county,
town, school district, other political subdivisions of the state, and any agency of the state
or the United States, and includes any instrumentality of a unit of government.
new text end

new text begin Subd. 36. new text end

new text begin Volunteer. new text end

new text begin "Volunteer" means an individual who, under the direction of
the license holder, provides direct services without pay to a person served by the license
holder.
new text end

Sec. 18.

new text begin [245D.03] APPLICABILITY AND EFFECT.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The commissioner shall regulate the provision of
home and community-based services to persons with disabilities and persons age 65 and
older pursuant to this chapter. The licensing standards in this chapter govern the provision
of the following services:
new text end

new text begin (1) housing access coordination as defined under the current BI, CADI, and DD
waiver plans or successor plans;
new text end

new text begin (2) respite services as defined under the current CADI, BI, CAC, DD, and EW
waiver plans or successor plans when the provider is an individual who is not an employee
of a residential or nonresidential program licensed by the Department of Human Services
or the Department of Health that is otherwise providing the respite service;
new text end

new text begin (3) behavioral programming as defined under the current BI and CADI waiver
plans or successor plans;
new text end

new text begin (4) specialist services as defined under the current DD waiver plan or successor
plans;
new text end

new text begin (5) companion services as defined under the current BI, CADI, and EW waiver
plans or successor plans, excluding companion services provided under the Corporation
for National and Community Services Senior Companion Program established under the
Domestic Volunteer Service Act of 1973, Public Law 98-288;
new text end

new text begin (6) personal support as defined under the current DD waiver plan or successor plans;
new text end

new text begin (7) 24-hour emergency assistance, on-call and personal emergency response as
defined under the current CADI and DD waiver plans or successor plans;
new text end

new text begin (8) night supervision services as defined under the current BI waiver plan or
successor plans;
new text end

new text begin (9) homemaker services as defined under the current CADI, BI, CAC, DD, and EW
waiver plans or successor plans, excluding providers licensed by the Department of Health
under chapter 144A and those providers providing cleaning services only;
new text end

new text begin (10) independent living skills training as defined under the current BI and CADI
waiver plans or successor plans;
new text end

new text begin (11) prevocational services as defined under the current BI and CADI waiver plans
or successor plans;
new text end

new text begin (12) structured day services as defined under the current BI waiver plan or successor
plans; or
new text end

new text begin (13) supported employment as defined under the current BI and CADI waiver plans
or successor plans.
new text end

new text begin Subd. 2. new text end

new text begin Relationship to other standards governing home and community-based
services.
new text end

new text begin (a) A license holder governed by this chapter is also subject to the licensure
requirements under chapter 245A.
new text end

new text begin (b) A license holder concurrently providing child foster care services licensed
according to Minnesota Rules, chapter 2960, to the same person receiving a service
licensed under this chapter is exempt from section 245D.04, as it applies to the person.
new text end

new text begin (c) A license holder concurrently providing home care services registered according
to sections 144A.43 to 144A.49 to the same person receiving home management services
licensed under this chapter is exempt from section 245D.04, as it applies to the person.
new text end

new text begin (d) A license holder identified in subdivision 1, clauses (1), (5), and (9), is exempt
from compliance with sections 245A.65, subdivision 2, paragraph (a), and 626.557,
subdivision 14, paragraph (b).
new text end

new text begin (e) Notwithstanding section 245D.06, subdivision 5, a license holder providing
structured day, prevocational, or supported employment services under this chapter and
day training and habilitation or supported employment services licensed under chapter
245B within the same program is exempt from compliance with this chapter, when
the license holder notifies the commissioner in writing that the requirements under
chapter 245B will be met for all persons receiving these services from the program. For
the purposes of this paragraph, if the license holder has obtained approval from the
commissioner for an alternative inspection status according to section 245B.031, that
approval will apply to all persons receiving services in the program.
new text end

new text begin Subd. 3. new text end

new text begin Variance. new text end

new text begin If the conditions in section 245A.04, subdivision 9, are met,
the commissioner may grant a variance to any of the requirements in this chapter, except
sections 245D.04, and 245D.10, subdivision 4, paragraph (b), or provisions governing
data practices and information rights of persons.
new text end

new text begin Subd. 4. new text end

new text begin License holders with multiple 245D licenses. new text end

new text begin (a) When a person changes
service from one license to a different license held by the same license holder, the license
holder is exempt from the requirements in section 245D.10, subdivision 4, paragraph (b).
new text end

new text begin (b) When a staff person begins providing direct service under one or more licenses
held by the same license holder, other than the license for which staff orientation was
initially provided according to section 245D.09, subdivision 4, the license holder is
exempt from those staff orientation requirements; except the staff person must review each
person's service plan and medication administration procedures in accordance with section
245D.09, subdivision 4, paragraph (c), if not previously reviewed by the staff person.
new text end

Sec. 19.

new text begin [245D.04] SERVICE RECIPIENT RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin License holder responsibility for individual rights of persons
served by the program.
new text end

new text begin The license holder must:
new text end

new text begin (1) provide each person or each person's legal representative with a written notice
that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of
those rights within five working days of service initiation and annually thereafter;
new text end

new text begin (2) make reasonable accommodations to provide this information in other formats
or languages as needed to facilitate understanding of the rights by the person and the
person's legal representative, if any;
new text end

new text begin (3) maintain documentation of the person's or the person's legal representative's
receipt of a copy and an explanation of the rights; and
new text end

new text begin (4) ensure the exercise and protection of the person's rights in the services provided
by the license holder and as authorized in the service plan.
new text end

new text begin Subd. 2. new text end

new text begin Service-related rights. new text end

new text begin A person's service-related rights include the right
to:
new text end

new text begin (1) participate in the development and evaluation of the services provided to the
person;
new text end

new text begin (2) have services identified in the service plan provided in a manner that respects
and takes into consideration the person's preferences;
new text end

new text begin (3) refuse or terminate services and be informed of the consequences of refusing
or terminating services;
new text end

new text begin (4) know, in advance, limits to the services available from the license holder;
new text end

new text begin (5) know conditions and terms governing the provision of services, including the
license holder's policies and procedures related to temporary service suspension and
service termination;
new text end

new text begin (6) know what the charges are for services, regardless of who will be paying for the
services, and be notified of changes in those charges;
new text end

new text begin (7) know, in advance, whether services are covered by insurance, government
funding, or other sources, and be told of any charges the person or other private party
may have to pay; and
new text end

new text begin (8) receive services from an individual who is competent and trained, who has
professional certification or licensure, as required, and who meets additional qualifications
identified in the person's service plan.
new text end

new text begin Subd. 3. new text end

new text begin Protection-related rights. new text end

new text begin (a) A person's protection-related rights include
the right to:
new text end

new text begin (1) have personal, financial, service, health, and medical information kept private,
and be advised of disclosure of this information by the license holder;
new text end

new text begin (2) access records and recorded information about the person in accordance with
applicable state and federal law, regulation, or rule;
new text end

new text begin (3) be free from maltreatment;
new text end

new text begin (4) be free from restraint or seclusion used for a purpose other than to protect the
person from imminent danger to self or others;
new text end

new text begin (5) receive services in a clean and safe environment when the license holder is the
owner, lessor, or tenant of the service site;
new text end

new text begin (6) be treated with courtesy and respect and receive respectful treatment of the
person's property;
new text end

new text begin (7) reasonable observance of cultural and ethnic practice and religion;
new text end

new text begin (8) be free from bias and harassment regarding race, gender, age, disability,
spirituality, and sexual orientation;
new text end

new text begin (9) be informed of and use the license holder's grievance policy and procedures,
including knowing how to contact persons responsible for addressing problems and to
appeal under section 256.045;
new text end

new text begin (10) know the name, telephone number, and the Web site, e-mail, and street
addresses of protection and advocacy services, including the appropriate state-appointed
ombudsman, and a brief description of how to file a complaint with these offices;
new text end

new text begin (11) assert these rights personally, or have them asserted by the person's family,
authorized representative, or legal representative, without retaliation;
new text end

new text begin (12) give or withhold written informed consent to participate in any research or
experimental treatment;
new text end

new text begin (13) associate with other persons of the person's choice;
new text end

new text begin (14) personal privacy; and
new text end

new text begin (15) engage in chosen activities.
new text end

new text begin (b) For a person residing in a residential site licensed according to chapter 245A,
or where the license holder is the owner, lessor, or tenant of the residential service site,
protection-related rights also include the right to:
new text end

new text begin (1) have daily, private access to and use of a non-coin-operated telephone for local
calls and long-distance calls made collect or paid for by the person;
new text end

new text begin (2) receive and send, without interference, uncensored, unopened mail or electronic
correspondence or communication; and
new text end

new text begin (3) privacy for visits with the person's spouse, next of kin, legal counsel, religious
advisor, or others, in accordance with section 363A.09 of the Human Rights Act, including
privacy in the person's bedroom.
new text end

new text begin (c) Restriction of a person's rights under paragraph (a), clauses (13) to (15), or
paragraph (b) is allowed only if determined necessary to ensure the health, safety, and
well-being of the person. Any restriction of those rights must be documented in the service
plan for the person and must include the following information:
new text end

new text begin (1) the justification for the restriction based on an assessment of the person's
vulnerability related to exercising the right without restriction;
new text end

new text begin (2) the objective measures set as conditions for ending the restriction;
new text end

new text begin (3) a schedule for reviewing the need for the restriction based on the conditions for
ending the restriction to occur, at a minimum, every three months for persons who do not
have a legal representative and annually for persons who do have a legal representative
from the date of initial approval; and
new text end

new text begin (4) signed and dated approval for the restriction from the person, or the person's
legal representative, if any. A restriction may be implemented only when the required
approval has been obtained. Approval may be withdrawn at any time. If approval is
withdrawn, the right must be immediately and fully restored.
new text end

Sec. 20.

new text begin [245D.05] HEALTH SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Health needs. new text end

new text begin (a) The license holder is responsible for providing
health services assigned in the service plan and consistent with the person's health needs.
The license holder is responsible for promptly notifying the person or the person's legal
representative and the case manager of changes in a person's physical and mental health
needs affecting assigned health services, when discovered by the license holder, unless
the license holder has reason to know the change has already been reported. The license
holder must document when the notice is provided.
new text end

new text begin (b) When assigned in the service plan, the license holder is required to maintain
documentation on how the person's health needs will be met, including a description of
the procedures the license holder will follow in order to:
new text end

new text begin (1) provide medication administration, medication assistance, or medication
management according to this chapter;
new text end

new text begin (2) monitor health conditions according to written instructions from the person's
physician or a licensed health professional;
new text end

new text begin (3) assist with or coordinate medical, dental, and other health service appointments;
or
new text end

new text begin (4) use medical equipment, devices, or adaptive aides or technology safely and
correctly according to written instructions from the person's physician or a licensed
health professional.
new text end

new text begin Subd. 2. new text end

new text begin Medication administration. new text end

new text begin (a) The license holder must ensure that the
following criteria have been met before staff that is not a licensed health professional
administers medication or treatment:
new text end

new text begin (1) new text end new text begin written authorization has been obtained from the person or the person's legal
representative to administer medication or treatment orders;
new text end

new text begin (2) the staff person has completed medication administration training according to
section 245D.09, subdivision 4, paragraph (c), clause (2); and
new text end

new text begin (3) the medication or treatment will be administered under administration procedures
established for the person in consultation with a licensed health professional. Written
instruction from the person's physician may constitute the medication administration
procedures. A prescription label or the prescriber's order for the prescription is sufficient
to constitute written instructions from the prescriber. A licensed health professional may
delegate medication administration procedures.
new text end

new text begin (b) The license holder must ensure the following information is documented in the
person's medication administration record:
new text end

new text begin (1) the information on the prescription label or the prescriber's order that includes
directions for safely and correctly administering the medication to ensure effectiveness;
new text end

new text begin (2) information on any discomforts, risks, or other side effects that are reasonable to
expect, and any contraindications to its use;
new text end

new text begin (3) the possible consequences if the medication or treatment is not taken or
administered as directed;
new text end

new text begin (4) instruction from the prescriber on when and to whom to report the following:
new text end

new text begin (i) if the medication or treatment is not administered as prescribed, whether by error
by the staff or the person or by refusal by the person; and
new text end

new text begin (ii) the occurrence of possible adverse reactions to the medication or treatment;
new text end

new text begin (5) notation of any occurrence of medication not being administered as prescribed or
of adverse reactions, and when and to whom the report was made; and
new text end

new text begin (6) notation of when a medication or treatment is started, changed, or discontinued.
new text end

new text begin (c) The license holder must ensure that the information maintained in the medication
administration record is current and is regularly reviewed with the person or the person's
legal representative and the staff administering the medication to identify medication
administration issues or errors. At a minimum, the review must be conducted every three
months or more often if requested by the person or the person's legal representative.
Based on the review, the license holder must develop and implement a plan to correct
medication administration issues or errors. If issues or concerns are identified related to
the medication itself, the license holder must report those as required under subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Medication assistance. new text end

new text begin The license holder must ensure that the
requirements of subdivision 2, paragraph (a), have been met when staff provides assistance
to enable a person to self-administer medication when the person is capable of directing
the person's own care, or when the person's legal representative is present and able to
direct care for the person.
new text end

new text begin Subd. 4. new text end

new text begin Reporting medication and treatment issues. new text end

new text begin The following medication
administration issues must be reported to the person or the person's legal representative
and case manager as they occur or following timelines established in the person's service
plan or as requested in writing by the person or the person's legal representative, or the
case manager:
new text end

new text begin (1) any reports made to the person's physician or prescriber required under
subdivision 2, paragraph (b), clause (4);
new text end

new text begin (2) a person's refusal or failure to take medication or treatment as prescribed; or
new text end

new text begin (3) concerns about a person's self-administration of medication.
new text end

new text begin Subd. 5. new text end

new text begin Injectable medications. new text end

new text begin Injectable medications may be administered
according to a prescriber's order and written instructions when one of the following
conditions has been met:
new text end

new text begin (1) a registered nurse or licensed practical nurse will administer the subcutaneous or
intramuscular injection;
new text end

new text begin (2) a supervising registered nurse with a physician's order has delegated the
administration of subcutaneous injectable medication to an unlicensed staff member
and has provided the necessary training; or
new text end

new text begin (3) there is an agreement signed by the license holder, the prescriber, and the person
or the person's legal representative, specifying what subcutaneous injections may be
given, when, how, and that the prescriber must retain responsibility for the license
holder's giving the injections. A copy of the agreement must be placed in the person's
service recipient record.
new text end

new text begin Only licensed health professionals are allowed to administer psychotropic
medications by injection.
new text end

Sec. 21.

new text begin [245D.06] PROTECTION STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Incident response and reporting. new text end

new text begin (a) The license holder must
respond to all incidents under section 245D.02, subdivision 11, that occur while providing
services to protect the health and safety of and minimize risk of harm to the person.
new text end

new text begin (b) The license holder must maintain information about and report incidents to the
person's legal representative or designated emergency contact and case manager within 24
hours of an incident occurring while services are being provided, or within 24 hours of
discovery or receipt of information that an incident occurred, unless the license holder has
reason to know that the incident has already been reported. An incident of suspected or
alleged maltreatment must be reported as required under paragraph (d), and an incident of
serious injury or death must be reported as required under paragraph (e).
new text end

new text begin (c) When the incident involves more than one person, the license holder must not
disclose personally identifiable information about any other person when making the report
to each person and case manager unless the license holder has the consent of the person.
new text end

new text begin (d) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the case manager of the report unless there is
reason to believe that the case manager is involved in the suspected maltreatment. The
license holder must disclose the nature of the activity or occurrence reported and the
agency that received the report.
new text end

new text begin (e) The license holder must report the death or serious injury of the person to
the legal representative, if any, and case manager, the Department of Human Services
Licensing Division, and the Office of Ombudsman for Mental Health and Developmental
Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the death,
or receipt of information that the death occurred unless the license holder has reason to
know that the death has already been reported.
new text end

new text begin (f) The license holder must conduct a review of incident reports, for identification
of incident patterns, and implementation of corrective action as necessary to reduce
occurrences.
new text end

new text begin Subd. 2. new text end

new text begin Environment and safety. new text end

new text begin The license holder must:
new text end

new text begin (1) ensure the following when the license holder is the owner, lessor, or tenant
of the service site:
new text end

new text begin (i) the service site is a safe and hazard-free environment;
new text end

new text begin (ii) doors are locked or toxic substances or dangerous items normally accessible
to persons served by the program are stored in locked cabinets, drawers, or containers
only to protect the safety of a person receiving services and not as a substitute for staff
supervision or interactions with a person who is receiving services. If doors are locked or
toxic substances or dangerous items normally accessible to persons served by the program
are stored in locked cabinets, drawers, or containers, the license holder must justify and
document how this determination was made in consultation with the person or person's
legal representative, and how access will otherwise be provided to the person and all other
affected persons receiving services; and
new text end

new text begin (iii) a staff person is available on site who is trained in basic first aid whenever
persons are present and staff are required to be at the site to provide direct service;
new text end

new text begin (2) maintain equipment, vehicles, supplies, and materials owned or leased by the
license holder in good condition when used to provide services;
new text end

new text begin (3) follow procedures to ensure safe transportation, handling, and transfers of the
person and any equipment used by the person, when the license holder is responsible for
transportation of a person or a person's equipment;
new text end

new text begin (4) be prepared for emergencies and follow emergency response procedures to
ensure the person's safety in an emergency; and
new text end

new text begin (5) follow sanitary practices for infection control and to prevent communicable
diseases.
new text end

new text begin Subd. 3. new text end

new text begin Compliance with fire and safety codes. new text end

new text begin When services are provided at a
service site licensed according to chapter 245A or where the license holder is the owner,
lessor, or tenant of the service site, the license holder must document compliance with
applicable building codes, fire and safety codes, health rules, and zoning ordinances, or
document that an appropriate waiver has been granted.
new text end

new text begin Subd. 4. new text end

new text begin Funds and property. new text end

new text begin (a) Whenever the license holder assists a person
with the safekeeping of funds or other property according to section 245A.04, subdivision
13, the license holder must have written authorization to do so from the person and the
case manager.
new text end

new text begin (b) A license holder or staff person may not accept powers-of-attorney from a
person receiving services from the license holder for any purpose, and may not accept an
appointment as guardian or conservator of a person receiving services from the license
holder. This does not apply to license holders that are Minnesota counties or other units
of government or to staff persons employed by license holders who were acting as
power-of-attorney, guardian, or conservator for specific individuals prior to enactment of
this section. The license holder must maintain documentation of the power-of-attorney,
guardianship, or conservatorship in the service recipient record.
new text end

new text begin Subd. 5. new text end

new text begin Prohibitions. new text end

new text begin (a) The license holder is prohibited from using psychotropic
medication as a substitute for adequate staffing, as punishment, for staff convenience, or
for any reason other than as prescribed.
new text end

new text begin (b) The license holder is prohibited from using restraints or seclusion under any
circumstance, unless the commissioner has approved a variance request from the license
holder that allows for the emergency use of restraints and seclusion according to terms
and conditions approved in the variance. Applicants and license holders who have
reason to believe they may be serving an individual who will need emergency use of
restraints or seclusion, may request a variance on the application or reapplication, and
the commissioner shall automatically review the request for a variance as part of the
application or reapplication process. License holders may also request the variance any
time after issuance of a license. In the event a license holder uses restraint or seclusion for
any reason without first obtaining a variance as required, the license holder must report
the unauthorized use of restraint or seclusion to the commissioner within 24 hours of the
occurrence and request the required variance.
new text end

Sec. 22.

new text begin [245D.07] SERVICE NEEDS.
new text end

new text begin Subdivision 1. new text end

new text begin Provision of services. new text end

new text begin The license holder must provide services as
specified in the service plan and assigned to the license holder. The provision of services
must comply with the requirements of this chapter and the federal waiver plans.
new text end

new text begin Subd. 2. new text end

new text begin Service planning. new text end

new text begin The license holder must participate in support team
meetings related to the person following stated timelines established in the person's service
plan or as requested by the support team, the person, or the person's legal representative.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin The license holder must provide written reports regarding the
person's progress or status as requested by the person, the person's legal representative, the
case manager, or the team.
new text end

Sec. 23.

new text begin [245D.08] RECORD REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Record-keeping systems. new text end

new text begin The license holder must ensure that the
content and format of service recipient, personnel, and program records are uniform,
legible, and in compliance with the requirements of this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Service recipient record. new text end

new text begin (a) The license holder must:
new text end

new text begin (1) maintain a record of current services provided to each person on the premises
where the services are provided or coordinated; and
new text end

new text begin (2) protect service recipient records against loss, tampering, or unauthorized
disclosure in compliance with sections 13.01 to 13.10 and 13.46.
new text end

new text begin (b) The license holder must maintain the following information for each person:
new text end

new text begin (1) identifying information, including the person's name, date of birth, address, and
telephone number;
new text end

new text begin (2) the name, address, and telephone number of the person's legal representative, if
any, an emergency contact, the case manager, and family members or others as identified
by the person or case manager;
new text end

new text begin (3) service information, including service initiation information, verification of the
person's eligibility for services, and documentation verifying that services have been
provided as identified in the service plan according to paragraph (a);
new text end

new text begin (4) health information, including medical history and allergies; and when the license
holder is assigned responsibility for meeting the person's health needs according to section
245D.05:
new text end

new text begin (i) current orders for medication, treatments, or medical equipment;
new text end

new text begin (ii) medication administration procedures;
new text end

new text begin (iii) a medication administration record documenting the implementation of the
medication administration procedures, including any agreements for administration of
injectable medications by the license holder; and
new text end

new text begin (iv) a medical appointment schedule;
new text end

new text begin (5) the person's current service plan or that portion of the plan assigned to the
license holder. When a person's case manager does not provide a current service plan,
the license holder must make a written request to the case manager to provide a copy of
the service plan and inform the person of the right to a current service plan and the right
to appeal under section 256.045;
new text end

new text begin (6) a record of other service providers serving the person when the person's service
plan identifies the need for coordination between the service providers, that includes
a contact person and telephone numbers, services being provided, and names of staff
responsible for coordination;
new text end

new text begin (7) documentation of orientation to the service recipient rights according to section
245D.04, subdivision 1, and maltreatment reporting policies and procedures according to
section 245A.65, subdivision 1, paragraph (c);
new text end

new text begin (8) copies of authorizations to handle a person's funds, according to section 245D.06,
subdivision 4, paragraph (a);
new text end

new text begin (9) documentation of complaints received and grievance resolution;
new text end

new text begin (10) incident reports required under section 245D.06, subdivision 1;
new text end

new text begin (11) copies of written reports regarding the person's status when requested according
to section 245D.07, subdivision 3; and
new text end

new text begin (12) discharge summary, including service termination notice and related
documentation, when applicable.
new text end

new text begin Subd. 3. new text end

new text begin Access to service recipient records. new text end

new text begin The license holder must ensure that
the following people have access to the information in subdivision 1 in accordance with
applicable state and federal law, regulation, or rule:
new text end

new text begin (1) the person, the person's legal representative, and anyone properly authorized
by the person;
new text end

new text begin (2) the person's case manager;
new text end

new text begin (3) staff providing services to the person unless the information is not relevant to
carrying out the service plan; and
new text end

new text begin (4) the county adult foster care licensor, when services are also licensed as adult
foster care.
new text end

new text begin Subd. 4. new text end

new text begin Personnel records. new text end

new text begin The license holder must maintain a personnel record
of each employee, direct service volunteer, and subcontractor to document and verify staff
qualifications, orientation, and training. For the purposes of this subdivision, the terms
"staff" or "staff person" mean paid employee, direct service volunteer, or subcontractor.
The personnel record must include:
new text end

new text begin (1) the staff person's date of hire, completed application, a position description
signed by the staff person, documentation that the staff person meets the position
requirements as determined by the license holder, the date of first supervised direct contact
with a person served by the program, and the date of first unsupervised direct contact with
a person served by the program;
new text end

new text begin (2) documentation of staff qualifications, orientation, training, and performance
evaluations as required under section 245D.09, subdivisions 3, 4, and 5, including the
date the training was completed, the number of hours per subject area, and the name and
qualifications of the trainer or instructor; and
new text end

new text begin (3) a completed background study as required under chapter 245C.
new text end

Sec. 24.

new text begin [245D.09] STAFFING STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Staffing requirements. new text end

new text begin The license holder must provide direct
service staff sufficient to ensure the health, safety, and protection of rights of each person
and to be able to implement the responsibilities assigned to the license holder in each
person's service plan.
new text end

new text begin Subd. 2. new text end

new text begin Supervision of staff having direct contact. new text end

new text begin Except for a license holder
who are the sole direct service staff, the license holder must provide adequate supervision
of staff providing direct service to ensure the health, safety, and protection of rights of
each person and implementation of the responsibilities assigned to the license holder in
each person's service plan.
new text end

new text begin Subd. 3. new text end

new text begin Staff qualifications. new text end

new text begin (a) The license holder must ensure that staff is
competent through training, experience, and education to meet the person's needs and
additional requirements as written in the service plan, or when otherwise required by the
case manager or the federal waiver plan. The license holder must verify and maintain
evidence of staff competency, including documentation of:
new text end

new text begin (1) education and experience qualifications, including a valid degree and transcript,
or a current license, registration, or certification, when a degree or licensure, registration,
or certification is required;
new text end

new text begin (2) completion of required orientation and training, including completion of
continuing education required to maintain professional licensure, registration, or
certification requirements; and
new text end

new text begin (3) except for a license holder who is the sole direct service staff, performance
evaluations completed by the license holder of the direct service staff person's ability to
perform the job functions based on direct observation.
new text end

new text begin (b) Staff under 18 years of age may not perform overnight duties or administer
medication.
new text end

new text begin Subd. 4. new text end

new text begin Orientation. new text end

new text begin (a) Except for a license holder who does not supervise any
direct service staff, within 90 days of hiring direct service staff, the license holder must
provide and ensure completion of orientation that combines supervised on-the-job training
with review of and instruction on the following:
new text end

new text begin (1) the job description and how to complete specific job functions, including:
new text end

new text begin (i) responding to and reporting incidents as required under section 245D.06,
subdivision 1; and
new text end

new text begin (ii) following safety practices established by the license holder and as required in
section 245D.06, subdivision 2;
new text end

new text begin (2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation
of those policies and procedures;
new text end

new text begin (3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;
new text end

new text begin (4) the service recipient rights under section 245D.04, and staff responsibilities
related to ensuring the exercise and protection of those rights;
new text end

new text begin (5) sections 245A.65; 245A.66, 626.556, and 626.557, governing maltreatment
reporting and service planning for children and vulnerable adults, and staff responsibilities
related to protecting persons from maltreatment and reporting maltreatment;
new text end

new text begin (6) what constitutes use of restraints, seclusion, and psychotropic medications, and
staff responsibilities related to the prohibitions of their use; and
new text end

new text begin (7) other topics as determined necessary in the person's service plan by the case
manager or other areas identified by the license holder.
new text end

new text begin (b) License holders who provide direct service themselves must complete the
orientation required in paragraph (a), clauses (3) to (7).
new text end

new text begin (c) Before providing unsupervised direct service to a person served by the program,
or for whom the staff person has not previously provided direct service, or any time the
plans or procedures identified in clauses (1) and (2) are revised, the staff person must
review and receive instruction on the following as it relates to the staff person's job
functions for that person:
new text end

new text begin (1) the person's service plan as it relates to the responsibilities assigned to the license
holder, and when applicable, the person's individual abuse prevention plan according to
section 245A.65, to achieve an understanding of the person as a unique individual, and
how to implement those plans; and
new text end

new text begin (2) medication administration procedures established for the person when assigned
to the license holder according to section 245D.05, subdivision 1, paragraph (b).
Unlicensed staff may administer medications only after successful completion of a
medication administration training, from a training curriculum developed by a registered
nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
practitioner, physician's assistant, or physician incorporating an observed skill assessment
conducted by the trainer to ensure staff demonstrate the ability to safely and correctly
follow medication procedures. Medication administration must be taught by a registered
nurse, clinical nurse specialist, certified nurse practitioner, physician's assistant, or
physician, if at the time of service initiation or any time thereafter, the person has or
develops a health care condition that affects the service options available to the person
because the condition requires:
new text end

new text begin (i) specialized or intensive medical or nursing supervision;
new text end

new text begin (ii) nonmedical service providers to adapt their services to accommodate the health
and safety needs of the person; and
new text end

new text begin (iii) necessary training in order to meet the health service needs of the person as
determined by the person's physician.
new text end

new text begin Subd. 5. new text end

new text begin Training. new text end

new text begin (a) A license holder must provide annual training to direct
service staff on the topics identified in subdivision 4, paragraph (a), clauses (3) to (6).
new text end

new text begin (b) A license holder providing behavioral programming, specialist services, personal
support, 24-hour emergency assistance, night supervision, independent living skills,
structured day, prevocational, or supported employment services must provide a minimum
of eight hours of annual training to direct service staff that addresses:
new text end

new text begin (1) topics related to the general health, safety, and service needs of the population
served by the license holder; and
new text end

new text begin (2) other areas identified by the license holder or in the person's current service plan.
new text end

new text begin Training on relevant topics received from sources other than the license holder
may count toward training requirements.
new text end

new text begin (c) When the license holder is the owner, lessor, or tenant of the service site and
whenever a person receiving services is present at the site, the license holder must have
a staff person available on site who is trained in basic first aid and, when required in a
person's service plan, cardiopulmonary resuscitation.
new text end

new text begin Subd. 6. new text end

new text begin Subcontractors. new text end

new text begin If the license holder uses a subcontractor to perform
services licensed under this chapter on their behalf, the license holder must ensure that the
subcontractor meets and maintains compliance with all requirements under this chapter
that apply to the services to be provided.
new text end

new text begin Subd. 7. new text end

new text begin Volunteers. new text end

new text begin The license holder must ensure that volunteers who provide
direct services to persons served by the program receive the training, orientation, and
supervision necessary to fulfill their responsibilities.
new text end

Sec. 25.

new text begin [245D.10] POLICIES AND PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Policy and procedure requirements. new text end

new text begin The license holder must
establish, enforce, and maintain policies and procedures as required in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Grievances. new text end

new text begin The license holder must establish policies and procedures that
provide a simple complaint process for persons served by the program and their authorized
representatives to bring a grievance that:
new text end

new text begin (1) provides staff assistance with the complaint process when requested, and the
addresses and telephone numbers of outside agencies to assist the person;
new text end

new text begin (2) allows the person to bring the complaint to the highest level of authority in the
program if the grievance cannot be resolved by other staff members, and that provides
the name, address, and telephone number of that person;
new text end

new text begin (3) requires the license holder to promptly respond to all complaints affecting a
person's health and safety. For all other complaints the license holder must provide an
initial response within 14 calendar days of receipt of the complaint. All complaints must
be resolved within 30 calendar days of receipt or the license holder must document the
reason for the delay and a plan for resolution;
new text end

new text begin (4) requires a complaint review that includes an evaluation of whether:
new text end

new text begin (i) related policies and procedures were followed and adequate;
new text end

new text begin (ii) there is a need for additional staff training;
new text end

new text begin (iii) the complaint is similar to past complaints with the persons, staff, or services
involved; and
new text end

new text begin (iv) there is a need for corrective action by the license holder to protect the health
and safety of persons receiving services;
new text end

new text begin (5) based on the review in clause (4), requires the license holder to develop,
document, and implement a corrective action plan, designed to correct current lapses and
prevent future lapses in performance by staff or the license holder, if any;
new text end

new text begin (6) provides a written summary of the complaint and a notice of the complaint
resolution to the person and case manager, that:
new text end

new text begin (i) identifies the nature of the complaint and the date it was received;
new text end

new text begin (ii) includes the results of the complaint review;
new text end

new text begin (iii) identifies the complaint resolution, including any corrective action; and
new text end

new text begin (7) requires that the complaint summary and resolution notice be maintained in the
service recipient record.
new text end

new text begin Subd. 3. new text end

new text begin Service suspension and service termination. new text end

new text begin (a) The license holder must
establish policies and procedures for temporary service suspension and service termination
that promote continuity of care and service coordination with the person and the case
manager, and with other licensed caregivers, if any, who also provide support to the person.
new text end

new text begin (b) The policy must include the following requirements:
new text end

new text begin (1) the license holder must notify the person and case manager in writing of the
intended termination or temporary service suspension, and the person's right to seek a
temporary order staying the termination of service according to the procedures in section
256.045, subdivision 4a, or 6, paragraph (c);
new text end

new text begin (2) notice of the proposed termination of services, including those situations
that began with a temporary service suspension, must be given at least 60 days before
the proposed termination is to become effective when a license holder is providing
independent living skills training, structured day, prevocational or supported employment
services to the person, and 30 days prior to termination for all other services licensed
under this chapter;
new text end

new text begin (3) the license holder must provide information requested by the person or case
manager when services are temporarily suspended or upon notice of termination;
new text end

new text begin (4) prior to giving notice of service termination or temporary service suspension,
the license holder must document actions taken to minimize or eliminate the need for
service suspension or termination;
new text end

new text begin (5) during the temporary service suspension or service termination notice period,
the license holder will work with the appropriate county agency to develop reasonable
alternatives to protect the person and others;
new text end

new text begin (6) the license holder must maintain information about the service suspension or
termination, including the written termination notice, in the service recipient record; and
new text end

new text begin (7) the license holder must restrict temporary service suspension to situations in
which the person's behavior causes immediate and serious danger to the health and safety
of the person or others.
new text end

new text begin Subd. 4. new text end

new text begin Availability of current written policies and procedures. new text end

new text begin (a) The license
holder must review and update, as needed, the written policies and procedures required
under this chapter.
new text end

new text begin (b) The license holder must inform the person and case manager of the policies and
procedures affecting a person's rights under section 245D.04, and provide copies of those
policies and procedures, within five working days of service initiation.
new text end

new text begin (c) The license holder must provide a written notice at least 30 days before
implementing any revised policies and procedures affecting a person's rights under section
245D.04. The notice must explain the revision that was made and include a copy of
the revised policy and procedure. The license holder must document the reason for not
providing the notice at least 30 days before implementing the revisions.
new text end

new text begin (d) Before implementing revisions to required policies and procedures the license
holder must inform all employees of the revisions and provide training on implementation
of the revised policies and procedures.
new text end

Sec. 26.

Minnesota Statutes 2010, section 256B.4912, is amended to read:


256B.4912 HOME AND COMMUNITY-BASED WAIVERS; PROVIDERS
AND PAYMENT.

Subdivision 1.

Provider qualifications.

For the home and community-based
waivers providing services to seniors and individuals with disabilities, the commissioner
shall establish:

(1) agreements with enrolled waiver service providers to ensure providers meet
deleted text begin qualifications defined in the waiver plansdeleted text endnew text begin Minnesota health care program requirementsnew text end;

(2) regular reviews of provider qualificationsnew text begin, and including requests of proof of
documentation
new text end; and

(3) processes to gather the necessary information to determine provider
qualifications.

deleted text begin By July 2010,deleted text end new text beginBeginning July 1, 2012, new text endstaff that provide direct contact, as defined
in section 245C.02, subdivision 11, deleted text beginthat are employees of waiver service providersdeleted text endnew text begin for
services specified in the federally approved waiver plans
new text end must meet the requirements
of chapter 245C prior to providing waiver services and as part of ongoing enrollment.
Upon federal approval, this requirement must also apply to consumer-directed community
supports.

Subd. 2.

deleted text beginRate-settingdeleted text endnew text begin Paymentnew text end methodologies.

new text begin(a)new text end The commissioner shall
establish statewide deleted text beginrate-settingdeleted text endnew text begin paymentnew text end methodologies that meet federal waiver
requirements for home and community-based waiver services for individuals with
disabilities. The deleted text beginrate-settingdeleted text endnew text begin paymentnew text end methodologies must abide by the principles of
transparency and equitability across the state. The methodologies must involve a uniform
process of structuring rates for each service and must promote quality and participant
choice.

new text begin (b) As of January 1, 2012, counties shall not implement changes to established
processes for rate-setting methodologies for individuals using components of or data
from research rates.
new text end

new text begin Subd. 3. new text end

new text begin Payment requirements. new text end

new text begin The payment methodologies established under
this section shall accommodate:
new text end

new text begin (1) supervision costs;
new text end

new text begin (2) staffing patterns;
new text end

new text begin (3) program-related expenses;
new text end

new text begin (4) general and administrative expenses; and
new text end

new text begin (5) consideration of recipient intensity.
new text end

new text begin Subd. 4. new text end

new text begin Payment rate criteria. new text end

new text begin (a) The payment methodologies under this section
shall reflect the payment rate criteria in paragraphs (b), (c), and (d).
new text end

new text begin (b) Payment rates shall reflect the reasonable, ordinary, and necessary costs of
service delivery.
new text end

new text begin (c) Payment rates shall be sufficient to enlist enough providers so that care and
services are available at least to the extent that such care and services are available to
the general population in the geographic area as required by section 1902(a)(30)(A) of
the Social Security Act.
new text end

new text begin (d) The commissioner must not reimburse:
new text end

new text begin (1) unauthorized service delivery;
new text end

new text begin (2) services provided under a receipt of a special grant;
new text end

new text begin (3) services provided under contract to a local school district;
new text end

new text begin (4) extended employment services under Minnesota Rules, parts 3300.2005 to
3300.3100, or vocational rehabilitation services provided under the federal Rehabilitation
Act, as amended, Title I, section 110, or Title VI-C, and not through use of medical
assistance or county social service funds; or
new text end

new text begin (5) services provided to a client by a licensed medical, therapeutic, or rehabilitation
practitioner or any other vendor of medical care which are billed separately on a
fee-for-service basis.
new text end

new text begin Subd. 5. new text end

new text begin County and tribal provider contract elimination. new text end

new text begin County and tribal
contracts with providers of home and community-based waiver services provided under
sections 256B.0913, 256B.0915, 256B.092, and 256B.49 are eliminated effective January
1, 2014.
new text end

new text begin Subd. 6. new text end

new text begin Program standards. new text end

new text begin The commissioner of human services must establish
uniform program standards for services identified in chapter 245D for persons with
disabilities and people age 65 and older. The commissioner must grant licenses according
to the provisions of chapter 245A.
new text end

new text begin Subd. 7. new text end

new text begin Applicant and license holder training. new text end

new text begin An applicant or license holder
that is not enrolled as a Minnesota health care program home and community-based
services waiver provider at the time of application must ensure that at least one controlling
individual completes a onetime training on the requirements for providing home and
community-based services from a qualified source as determined by the commissioner,
before a provider is enrolled or license is issued.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 27.

new text begin [256B.4913] PAYMENT METHODOLOGY DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Research period and rates. new text end

new text begin (a) For the purposes of this
section, "research rate" means a proposed payment rate for the provision of home
and community-based waivered services to meet federal requirements and assess
the implications of changing resources on the provision of services and "research
period" means the time period during which the research rate is being assessed by the
commissioner.
new text end

new text begin (b) The commissioner shall determine and publish initial frameworks and values to
generate research rates for individuals receiving home and community-based services.
new text end

new text begin (c) The initial values issued by the commissioner shall ensure projected spending
for home and community-based services for each service area is equivalent to projected
spending under current law in the most recent expenditure forecast.
new text end

new text begin (d) The initial values issued shall be based on the most updated information and cost
data available on supervision, employee-related costs, client programming and supports,
programming planning supports, transportation, administrative overhead, and utilization
costs. These service areas are:
new text end

new text begin (1) residential services, defined as corporate foster care, family foster care, residential
care, supported living services, customized living, and 24-hour customized living;
new text end

new text begin (2) day program services, defined as adult day care, day training and habilitation,
prevocational services, structured day services, and transportation;
new text end

new text begin (3) unit-based services with programming, defined as in-home family support,
independent living services, supported living services, supported employment, behavior
programming, and housing access coordination; and
new text end

new text begin (4) unit-based services without programming, defined as respite, personal support,
and night supervision.
new text end

new text begin (e) The commissioner shall make available the underlying assessment information,
without any identifying information, and the statistical modeling used to generate the
initial research rate and calculate budget neutrality.
new text end

new text begin Subd. 2. new text end

new text begin Framework values. new text end

new text begin (a) The commissioner shall propose legislation with
the specific payment methodology frameworks, process for calculation, and specific
values to populate the frameworks by February 15, 2013.
new text end

new text begin (b) The commissioner shall provide underlying data and information used to
formulate the final frameworks and values to the existing stakeholder workgroup by
January 15, 2013.
new text end

new text begin (c) The commissioner shall provide recommendations for the final frameworks
and values, and the basis for the recommendations to the legislative committees with
jurisdiction over health and human services finance by February 15, 2013.
new text end

new text begin (d) The commissioner shall review the following topics during the research period
and propose, as necessary, recommendations to address the following research questions:
new text end

new text begin (1) underlying differences in the cost to provide services throughout the state;
new text end

new text begin (2) a data-driven process for determining labor costs and customizations for staffing
classifications included in each rate framework based on the services performed;
new text end

new text begin (3) the allocation of resources previously established under section 256B.501,
subdivision 4b;
new text end

new text begin (4) further definition and development of unit-based services;
new text end

new text begin (5) the impact of splitting the allocation of resources for unit-based services for those
with programming aspects and those without;
new text end

new text begin (6) linking assessment criteria to future assessment processes for determination
of customizations;
new text end

new text begin (7) recognition of cost differences in the use of monitoring technology where it is
appropriate to substitute for supervision;
new text end

new text begin (8) implications for day services of reimbursement based on a unit rate and a daily
rate;
new text end

new text begin (9) a definition of shared and individual staffing for unit-based services;
new text end

new text begin (10) the underlying costs of providing transportation associated with day services;
and
new text end

new text begin (11) an exception process for individuals with exceptional needs that cannot be met
under the initial research rate, and an alternative payment structure for those individuals.
new text end

new text begin (e) The commissioner shall develop a comprehensive plan based on information
gathered during the research period that uses statistically reliable and valid assessment
data to refine payment methodologies.
new text end

new text begin (f) The commissioner shall make recommendations and provide underlying data and
information used to formulate these research recommendations to the existing stakeholder
workgroup by January 15, 2013.
new text end

new text begin Subd. 3. new text end

new text begin Data collection. new text end

new text begin (a) The commissioner shall conduct any necessary
research and gather additional data for the further development and refinement of payment
methodology components. These include but are not limited to:
new text end

new text begin (1) levels of service utilization and patterns of use;
new text end

new text begin (2) staffing patterns for each service;
new text end

new text begin (3) profile of individual service needs; and
new text end

new text begin (4) cost factors involved in providing transportation services.
new text end

new text begin (b) The commissioner shall provide this information to the existing stakeholder
workgroup by January 15, 2013.
new text end

new text begin Subd. 4. new text end

new text begin Rate stabilization adjustment. new text end

new text begin Beginning January 1, 2014, the
commissioner shall adjust individual rates determined by the new payment methodology
so that the new rate varies no more than one percent per year from the rate effective
on December 31 of the prior calendar year. This adjustment is made annually and is
effective for three calendar years from the date of implementation. This subdivision
expires January 1, 2017.
new text end

new text begin Subd. 5. new text end

new text begin Stakeholder consultation. new text end

new text begin The commissioner shall continue consultation
on regular intervals with the existing stakeholder group established as part of the
rate-setting methodology process to gather input, concerns, data, and exchange ideas for
the legislative proposals for the new rate payment system and make pertinent information
available to the public through the department's Web site.
new text end

new text begin Subd. 6. new text end

new text begin Implementation. new text end

new text begin The commissioner may implement changes no
sooner than January 1, 2014, to payment rates for individuals receiving home and
community-based waivered services after the enactment of legislation that establishes
specific payment methodology frameworks, processes for rate calculations, and specific
values to populate the payment methodology frameworks.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end